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Friday, June 24, 2011

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  • India_USA
    07-07 09:14 AM
    The United States needs a human capital policy that emphasizes skilled immigration and halts unskilled immigration. It needed that policy 15 years ago, but it's not too late to start now.

    and yet, here we are!! stuck in gc process, with uncertain future, always contemplating the next step......





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  • gc_kosam
    06-02 02:09 PM
    Guru's,

    My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My question is

    1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application

    2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???:confused:

    3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.

    Please Guru's share your thoughts.

    Thanks in Advance





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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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  • gcforall99
    03-17 10:42 PM
    Received a USCIS email notification today, for my pending 485 (EB3), priority date not current. Waiting for the RFE details, the RFE was only for the primary applicant not for the dependents.



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  • mmk123
    04-26 11:06 PM
    Many of us came here because an American University admitted us and sent us invitation (aka I20) to attend the program and many are working here because american companies invited us and sponsored our work documents and pays us very well at par with other knowledge workers. The company and industry we work in, needs our skills (even in this recession) and that's why we are here.

    Believe me, most of us won't let GC situation drive our lives and will succeed no matter where we will be and will make sure to be helpful and grateful to all people and the country we are in. May be it's India or US or Canada or else ...





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  • voldemar
    02-09 12:17 PM
    The day I applied that day the PD was current.
    PD should be current at the date of approval too. If it's current now you can get decision in couple of weeks, if PD is not current - just forget about checking that dates.
    Also that date is showing as 19 july 2007.It means that majority of applications filed before that date and with current PD and necessary checks completed are with adjudicating officers.



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  • gc??
    11-09 12:58 PM
    Schumpeter: The other elephant | The Economist (http://www.economist.com/node/17414206)

    When the US govt is ignoring the problems of legal immigration and making it harder and harder to immigrate (especially when the interest of foreign nationals to come here has subsided with unprecedented growth in their native country...) it is foolish to expect to lure skilled people to this country any more





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  • crystal
    10-06 01:03 PM
    --
    c. Once OPT EAD expires would the switch to AOS EAD be automatic or Is there a process to switch to AOS EAD?

    >>You need to fill new I-9 form

    If any one has info, please share.



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  • needGCcool
    09-26 07:14 PM
    Congrats................

    I have received my physical card on 09/24. This site was a great help and will continue spreading word about IV.

    Is anyone here works for Apple Inc.? Need some info. Please send me private message.

    Thanks





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  • sunny1000
    02-02 09:33 AM
    Thanks MC thats a valid Point.

    There are 2 reasons that I thought of for not applying / renewing.

    1) I'm not planning on going anywhere after / atleast for a year.

    2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.

    Appreciate your time.

    Regards
    Karthik

    If I were you, I would still renew the AP and keep it handy as your PD is still a couple of years away before becoming current. There will be no issues with a new AP pending as long as you have an approved AP in hand for the travel.



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  • bigboy007
    05-30 11:11 AM
    I think then they go for a conference and agree upon a common point if not nothing is passed





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  • travis
    01-27 12:05 PM
    Random Circle with Blendmode may not be the coolest but it is the prettiest.



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  • rbharol
    08-24 12:18 PM
    Master's and higher, outside US has to be in the STEM fields to qualify.
    Good. That means if you have STEM Masters and 3 years US experience then at the time SKIL comes to effect you can file 485 without waiting for PD if 140 was already approved by then. OR can file concurrently.





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  • Desichakit
    09-14 08:04 AM
    Till now EB2 India has much to cover till 2006 and then it will move fast. Also it seems very few People actually filed for EB2 after 2006 knowing the wait. Though we have aroun 24000 Perm for India (EB2/EB3) combined for 2007. Needless to say that USCIS data is very much required for Predicting Priority dates accurately



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  • gparr
    February 1st, 2004, 08:42 PM
    I never know what to do with these shots. This is a planter of small flowers that had a nice color and nice foliage. I don't have a macro lens and really wouldn't have wanted a macro shot if I had one. What's the best way to compose a shot like this? I cropped this some, but it seems there should be a way to compose a shot such as this to get better visual impact.
    Thanks for any suggestions.
    Gary
    http://www.dphoto.us/forumphotos/data/500/153littleflowers.jpg





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  • GCWhru
    06-24 09:16 AM
    Xgoogle,

    I am in the same boat. I believe you can go ahead and start your full time study, Now I don't think your wife's case is pending based on your work, since you already got your GC.

    Even in the worst case you can sponsor your wife with your GC status. I was kidding my wife that I become UC and sponsor her.



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  • pappu
    10-26 02:05 PM
    Please check the following threads-- http://immigrationvoice.org/forum/forum106-non-immigrant-visa/25402-h1-and-h4-stamping-india-travel.html

    http://immigrationvoice.org/forum/forum6-non-immigrant-visas/22726-air-india-and-direct-airside-transit-visa.html

    Please also help everyone by adding useful information on this wiki page ---

    http://immigrationvoice.org/wiki/index.php/Transit_visas_to_other_countries





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  • SK2007
    07-11 02:51 PM
    Just keep waiting. My PD was current for months now, but my 140 is still pending. just keep waiting.





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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.





    HRPRO
    02-22 02:10 PM
    snathan - How different is different enough for USCIS/DOL to be okay with it? Would the num of years of experience be helpful if it was different.

    I guess I am trying to figure out if I should let go of this position and wait for another one to come around if it's the current one is not worth pursuing due to potential issues during I140 stage.

    Thanks

    One more thing to take ino consideration is during the audit, along with your HR department DoL will review similar jobs within your organisation and check the requirements for those jobs. They will have to be similar, else you will have an issue.





    eilsoe
    10-16 12:11 PM
    I must say, that Aeris of FF7 was my fav character...



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