jimecalfa
01-08 03:40 AM
Hi, this is my situation:
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
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flresident
09-05 02:46 PM
I had got RFE email on 8/28/08. I got the letter today in mail.
My mother's name on G325A was written as her mainden name (as per form instructions) and its her married name on my BC. Now USCIS finds this discrepancy and needs evidence to establish my parentage. I will have to submit my BC which is already been done. I am not sure if that will suffice.
Has anyone else had similar issue?
Thank you in advance.
Probably what you need is an affidavit confirming your mother's both names.
That's my opinion.
My mother's name on G325A was written as her mainden name (as per form instructions) and its her married name on my BC. Now USCIS finds this discrepancy and needs evidence to establish my parentage. I will have to submit my BC which is already been done. I am not sure if that will suffice.
Has anyone else had similar issue?
Thank you in advance.
Probably what you need is an affidavit confirming your mother's both names.
That's my opinion.
ita
11-07 02:33 PM
I moved last week but told my roommate to accept this mail that I was expecting from Immigration.
I guess she removed my name from the mail box.
Today I went online to check the status on my EAD and the status says the card we returned as undelivered and they asked me to call customer service to update address.
I'm planning to go online and get my address changed .
Should I also call them to inform about the address change?
Is there any other way I can get my EAD card rather than wait till I update my address?
Can I change my address over the weekend? If I have to call them after changing the address online will the customer service be available over the weekend ?
Thank you.
I guess she removed my name from the mail box.
Today I went online to check the status on my EAD and the status says the card we returned as undelivered and they asked me to call customer service to update address.
I'm planning to go online and get my address changed .
Should I also call them to inform about the address change?
Is there any other way I can get my EAD card rather than wait till I update my address?
Can I change my address over the weekend? If I have to call them after changing the address online will the customer service be available over the weekend ?
Thank you.
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f_b_2007
07-19 10:10 AM
guys,
NSC received my application July 2nd (concurrent filing 485/EAD/AP..)
1. When do the 90 days wait start counting? From July 2nd? (that would mean I should receive my EAD by 1st October.
2. I read walk in centers is a service not provided by USCIS anymore. However, cannot find conclusive information (many people say they still do). What will happen then after the 90 day period? How can I get my interim EAD if it does not arrive on time?
Thanks for your answers and for answering to new thread :-)
NSC received my application July 2nd (concurrent filing 485/EAD/AP..)
1. When do the 90 days wait start counting? From July 2nd? (that would mean I should receive my EAD by 1st October.
2. I read walk in centers is a service not provided by USCIS anymore. However, cannot find conclusive information (many people say they still do). What will happen then after the 90 day period? How can I get my interim EAD if it does not arrive on time?
Thanks for your answers and for answering to new thread :-)
more...
Krish09
06-27 03:41 PM
Hi Everyone, I need suggestion regarding my present situation. I got H1B approved for the year 2009. But my H1B was approved as to be get stamped in INDIA. I am is currently in USA since August 2008 on B1 Visa (10 years multiple) and the B1 I 94 getting expired on August 3rd 2009.
Company A filed my H-1B on April 1st, 2008 and my case got selected in the lottery. I have waited until August, 2008 for my H-1B approval, It didn't happened any status update. I came to USA with B1 on a business visit to Company A. I have waited another 2 months but nothing happened to my H-1B and was upgraded to Premium processing on November 13th, 2008. There was a query on the H1B and Company A was not able to clear that to USCIS. That H1B case was withdrawn by Company A. So I applied new H1B thru Company C on April 1st 2009 and the H1B was approved on 3rd week of June 2009
Now my B1 I-94 is getting expired sometime in early August 2009, can I apply current B1 status change to H1B using the current H1B approval (Current B1 I-94 to H1 I-94)? so what are the options now.
Please advice me what can be done to get my transfer to H1B done without leaving the country.
Company A filed my H-1B on April 1st, 2008 and my case got selected in the lottery. I have waited until August, 2008 for my H-1B approval, It didn't happened any status update. I came to USA with B1 on a business visit to Company A. I have waited another 2 months but nothing happened to my H-1B and was upgraded to Premium processing on November 13th, 2008. There was a query on the H1B and Company A was not able to clear that to USCIS. That H1B case was withdrawn by Company A. So I applied new H1B thru Company C on April 1st 2009 and the H1B was approved on 3rd week of June 2009
Now my B1 I-94 is getting expired sometime in early August 2009, can I apply current B1 status change to H1B using the current H1B approval (Current B1 I-94 to H1 I-94)? so what are the options now.
Please advice me what can be done to get my transfer to H1B done without leaving the country.
saxx
07-21 10:52 PM
I still don't think flash and silverlight are comparable, they'll be used for different things in the end anyways.
more...
gc_kaavaali
06-27 02:20 PM
Can you please provide below details
when did u file for your EAD renewal? Is it e-file or paper based file? what is the service center?
Just got �Card Production Ordered� LUD for EAD for both myself and my wife. Wish it could have happened on the next working day, which is Monday - June 30th, we could have got 2 year EAD, unlucky!!!
when did u file for your EAD renewal? Is it e-file or paper based file? what is the service center?
Just got �Card Production Ordered� LUD for EAD for both myself and my wife. Wish it could have happened on the next working day, which is Monday - June 30th, we could have got 2 year EAD, unlucky!!!
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a.j.2048
02-07 01:51 PM
PTs are licensed by the state government. If you are engaged already, you may want to start the licensing process right away because it takes many months and she can get things like transcripts done quicker if she is available locally.
1. Get her credentials evaluated from FCCPT
2. Apply for licensing to the state government
3. Take remedial courses if any are required. This can take few months or many years depending on the course she attended outside the US and the requirements of the state you are looking to live in.
4. Re-apply for licensing.
5. Apply for work visa or work on EAD derived from your application.
----------------------------------------------
Other issues-
1. You will have to repeat the credential verification and licensing for each state you move to.
2. States change their licensing requirements all the time, so you may find yourself in a situation where some state in the future refuses to license her because their requirements have changed. Only way to guard against this is to join a DPT or MPT program and get an American credential.
1. Get her credentials evaluated from FCCPT
2. Apply for licensing to the state government
3. Take remedial courses if any are required. This can take few months or many years depending on the course she attended outside the US and the requirements of the state you are looking to live in.
4. Re-apply for licensing.
5. Apply for work visa or work on EAD derived from your application.
----------------------------------------------
Other issues-
1. You will have to repeat the credential verification and licensing for each state you move to.
2. States change their licensing requirements all the time, so you may find yourself in a situation where some state in the future refuses to license her because their requirements have changed. Only way to guard against this is to join a DPT or MPT program and get an American credential.
more...
redcard
03-03 01:42 PM
USCIS has withdrawn the 180 name check pending policy for name check.
http://www.immigration-law.com/
http://www.immigration-law.com/
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swaraj
11-12 01:07 PM
Thanks all for your replies.
Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?
Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?
more...
sledge_hammer
04-18 01:15 PM
RareRFEon485,
No need to worry if your employer is consulting company. If so, then in reply to USICS mention that you are employed by employer, but works/worked on different client sites for them which are in different states.
Keep all your previous LCA ready or better attach copies of all with your reply. Not a big deal.
I think its not a difficult RFE to respond. Consult your attorney for formal reply.
@waitingmygc - What you are saying is plain garbage. The OP has all the more reasons to worry if his employer is a consulting company. These firms send their consultants to various client locations, but don't file for LCAs each time.
@OP - It is very strange to see USCIS is going back to see if any LCA violation occurred at this stage of your application. You will need a good attorney on your side. Good luck!
No need to worry if your employer is consulting company. If so, then in reply to USICS mention that you are employed by employer, but works/worked on different client sites for them which are in different states.
Keep all your previous LCA ready or better attach copies of all with your reply. Not a big deal.
I think its not a difficult RFE to respond. Consult your attorney for formal reply.
@waitingmygc - What you are saying is plain garbage. The OP has all the more reasons to worry if his employer is a consulting company. These firms send their consultants to various client locations, but don't file for LCAs each time.
@OP - It is very strange to see USCIS is going back to see if any LCA violation occurred at this stage of your application. You will need a good attorney on your side. Good luck!
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met3259
07-18 04:40 PM
i was reading http://www.immigration-law.com/Canada.html just now,
and I know that each year only 140000 green card is allocated for EB category.
I have several question regarding this number/quota:
1. Does that number (140000) include the spouse/all dependents of applicant ? or just the main applicant ?
2. I keep hearing of this 7% cap for each country, what does that mean ?
does that mean each country only have maximum of 9800 (7% * 140000) green card each year ?? or is it depend on the number of citizen of the country (for example citizen in India is bigger than Japan, so India will get bigger quota)
thanks in advance :D
Let me guess - your PD (that is somthing we call a Priority Date -- the date you applied for LC (Labor Certification)) was YESTERDAY?????
and I know that each year only 140000 green card is allocated for EB category.
I have several question regarding this number/quota:
1. Does that number (140000) include the spouse/all dependents of applicant ? or just the main applicant ?
2. I keep hearing of this 7% cap for each country, what does that mean ?
does that mean each country only have maximum of 9800 (7% * 140000) green card each year ?? or is it depend on the number of citizen of the country (for example citizen in India is bigger than Japan, so India will get bigger quota)
thanks in advance :D
Let me guess - your PD (that is somthing we call a Priority Date -- the date you applied for LC (Labor Certification)) was YESTERDAY?????
more...
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greenguru
02-14 09:44 PM
Hi,
I had the same scenario... only the dates are different.
You will get only ONE STAMPING On your passport and that will be till the end of your 3rd year( Till Second H1 exp. date)
Cheers
I had the same scenario... only the dates are different.
You will get only ONE STAMPING On your passport and that will be till the end of your 3rd year( Till Second H1 exp. date)
Cheers
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ItIsNotFunny
01-20 02:19 PM
Hi ItIsNotFunny,
Thanks for your feedback. Could you help us to understand the login defect. Will work to fix it promptly.
Thanks,
Sent you PM.
Thanks for your feedback. Could you help us to understand the login defect. Will work to fix it promptly.
Thanks,
Sent you PM.
more...
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needhelp!
12-05 04:07 PM
at Saturday's Meet and Greet in Texas..
Please bring a farewell poetry to share..
Please bring a farewell poetry to share..
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anjalihi
04-12 07:57 AM
I had started my GC process just a couple months before my 6th yr began. But I was able to complete the requirements for PERM and apply for my Labor Cert only after my 6th yr started. I was 45 days short of 365 days requirement. But I was able to recapture all my time that I had spent outside of US on vacations in last 5 yrs and make up for the 45 days shortage.
Do keep in mind that completing the requirements for PERM itself easily takes up 2 months + time for all the initial paper work.
For your situation, you are already 4-5 months into your 6th yr.... thats going to be very tough.
Do keep in mind that completing the requirements for PERM itself easily takes up 2 months + time for all the initial paper work.
For your situation, you are already 4-5 months into your 6th yr.... thats going to be very tough.
more...
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Prashanthi
03-26 05:46 PM
The law is very clear in this matter, you can travel while an extension is pending you cannot travel if you have filed for a change of status.
Travel outside the United States while an extension of stay application is pending with the Service is not considered an abandonment of the application, and, as a result, the extension request may be granted notwithstanding the trip abroad. Keep in mind that the extension applicant may have problems returning to the U.S. if his or her visa has expired. In this cases, he or she will need to obtain a new H-1B nonimmigrant visa abroad before returning to the United States.
Travel outside the United States while an extension of stay application is pending with the Service is not considered an abandonment of the application, and, as a result, the extension request may be granted notwithstanding the trip abroad. Keep in mind that the extension applicant may have problems returning to the U.S. if his or her visa has expired. In this cases, he or she will need to obtain a new H-1B nonimmigrant visa abroad before returning to the United States.
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hpandey
12-09 09:42 AM
Anybody knows, if the visa recapture included in the dream act?
Everything is done only for illegals now a days... why should the politicians do anything for EB immigration for legally tax paying immigrants ?
I don't know who is worse the democrats or the republicans ...
Everything is done only for illegals now a days... why should the politicians do anything for EB immigration for legally tax paying immigrants ?
I don't know who is worse the democrats or the republicans ...
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kanyewest
04-19 12:09 PM
I was on H1B until Feb 2009 and I applied for COS to H4 in Feb 2009. USCIS has received my COS application, and it is still pending with USCIS for 2 months now.
1. Can a new employer apply for a new cap-exempt H1B for me (technically a transfer, as I was on H1B for 2 years before)?
2. In that case, do I need to submit paystubs and W2s from when I last held H1B status?
1. Can a new employer apply for a new cap-exempt H1B for me (technically a transfer, as I was on H1B for 2 years before)?
2. In that case, do I need to submit paystubs and W2s from when I last held H1B status?
hemanth22
07-10 09:43 AM
I feel there is no better country than India in the long run..believe me!!!
thats correct , india is booming right now and it will only go up
So i think that even if we succeed in getting the green card , we should always have one option to going back.
thats correct , india is booming right now and it will only go up
So i think that even if we succeed in getting the green card , we should always have one option to going back.
karthkc
05-11 02:46 PM
This is a common scenario for some IT folks who were here during the downturn from 2001 through 2005 and is not a big deal in your case.
USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.
In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.
Hope that clears it a bit!
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.
In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.
Hope that clears it a bit!
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
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