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  • krishnam70
    05-01 04:23 PM
    Ya I have applied 2 months before my visa expired..Guru's any expert on this forum knows aout the period of stay after an appeal for h1 extension denial..


    Unless you receive the denial letter from the USCIS we cannot give any advise. We need to know the reason. If its a trivial matter or not you can definitely do MTR and provide additional information. However this seems to be a case where USCIS has been overzealous in denying the case.

    They might be asking some kind of Agreement or Letter from client based on the recent denials. Please be prepared to get such a letter from your client stating the extent of your project ( try to get a letter for the extent of your H1 or beyond that to cover yourself).

    goodluck and keep the forum posted on your progress so others may benefit

    - cheers
    kris





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  • Hermione
    10-02 12:45 PM
    According to IRS you are citizen(Any one who stays more that 180 days and pays taxes in us is a citizen according to them). You can apply for student Loan as a citizen if you use this clause intelligently. This is how most students get credit cards. If you say you are on H1 to a credit card company they will never give you the card.

    Again this is only my opinion. I might be wrong.:)

    What you are talking about here is called 'Resident Alien' - the IRS definition of someone who pays taxes just like a citizen on a regular form 1040 (by the way, students are non-resident aliens and pay taxes on 1040NR). To open any financial account you must disclose if you are citizen/resident alien or non-resident alien, and yes some companies do not open accounts to non-resident aliens, but it is acutally up to companies where they draw the line - most credit card companies are glad to open accounts to foreign students (hey, it's a free country, you can't tell a company whom to lend the money and whom not, provided it's not taxpayer money).

    The kicker about the student loans is that there is special Federal financing available only for loans taken out by citizens and LPRs (Sally Mae and recent student loan scandal ring any bells? yes, these are loans). So, oups, no luck here without a green cards.





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  • desi chala usa
    07-08 03:04 PM
    Congratulations!!!

    My 2 cents....explain situation to your wife's new employer and wait for 2 weeks your wife should have physical card with in 2 weeks. If it is emergency you can use H1/EAD as you have not received anything in written from USCIS.





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  • ken
    04-08 02:24 PM
    Hello gurus
    I filled my 485 in july fiasco at Nebraska service center. Today I recieved an online update on my and my wife case (485) saying that case has been transfered to miami,fl , the reason is because it falls under that jurisdiction.
    I am EB3 India, PD Aug 2002.

    I already recieved my EAD,AP

    Let me know your thoughts or if some one else also recieve the same update.

    Thanks in advance..



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  • amitga
    08-27 01:22 PM
    Had the visit. Went very pleasant but fruitless. Officer told me all checks except "background" check had been done. Beyond this, she refrained from making any usefull remark.:rolleyes:

    BTW: It's a nice big and open facility!

    How long you had to wait?
    Where is the office located in Detroit?





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  • inrealmess
    10-11 04:08 PM
    hi,
    this might look an essay but this is true ----------------
    i filed my 485/ead/ap in july and i have received my ead. now the situation is very tense for me since my emloyer has stopped paying since july and when i asked for my salaries he said i will revoke your 140 and terminate your job if you crib about salary .
    he is doing this to another colleague of my the same thing . now if we leave the company , he will get a valid reason to revoke the 140 and thats why we are not leaving too and we are hardly surviving without salries .
    anyone has any suggestions on this issue , i will appreciate any suggestions

    thanks and regards



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  • indianindian2006
    07-11 05:52 PM
    What is LUD?

    Last updated date





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  • Legal
    05-20 08:16 AM
    http://www.immigration-law.com/

    05/19/2008: Passage of H.R. 5571 for IMGs Failed Today and Postponed Until a Later Date

    The House floor failed to pass this bill and postponed until the undetermined date for final action. :(

    This bill was supposed to be less controversial than EB recapture bills?



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  • STAmisha
    03-27 06:31 PM
    What documentation I need to convert from H1 to h4? Do I need to go outside US for this. I'm on H1 and I dont have paychecks since I'm on bench.
    I want to convert back to H4 soon.





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  • orangutan
    10-04 03:57 PM
    Good, USCIS is working on saturday for you. You are lying again like you did for your visa?

    finally approved... got magic emails this morning :D:D

    How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)



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  • roseball
    05-04 11:11 PM
    Hi All,
    Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
    1. Can we ourselves respond to the RFE and save the $400.00,
    2. If so, What's the process and what documents that we need to send to prove that we are still married.

    Appreciate all of your help in this regard.

    Thanks

    Yes, you can reply to RFE directly. One of my friends recently got a similar RFE and the RFE included the type of documents to submit. The following is the text from the RFE:

    "Submit evidence to demonstrate that your present marriage to XXXX is bonafide. This may be in the form of birth certificates for common children, documentary evidence of joint residence and/or ownership of property, joint income tax returns, joint financial accounts, spousal insurance coverage and other such documentation. If you fail to submit any evience or of you submit insufficient evidence, you application may be considered for denial"

    His lawyer is charging him similar fee so mailed all the above mentioned documents directly with a cover letter and copy of the RFE. Hope this helps.





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  • qualified_trash
    07-07 01:09 PM
    Investing in a company -> Yes (shareholder)

    Own a company -> No

    On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.

    No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!

    This has been my research on the internet and is not from a legal advisor.

    Could you tell me what the difference is between owning a company and being a shareholder? :-))

    Jokes apart, you can definitely own a company on an H1. You CANNOT work for it unless you file a H1 for yourself through your own company.



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  • bandhu
    02-04 08:07 PM
    i was totaly upse about this post, here is my correct entry

    definitely your entry should be denied, you are not capable to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic violence there are on citizen/GC (either one of them),

    I did not know moral contractors like u r here otherwise wud hv contacted u before USCIS.
    BTW: What good are YOU doing to this country?





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  • ashkam
    08-13 08:06 AM
    My case EB3 PD Jan 2004
    I40 approved TSC July 2007
    485 filed at NSC July 2nd

    LUD is 8/12/2007

    Does this mean anything ?

    I have an LUD of 8/12/07 as well and I sent my 485 on August 7. Therefore, I think this LUD means diddly squat.



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  • sk.aggarwal
    04-05 01:39 PM
    Glad you got yours PWD. Mine was filed in first week of Feb .. still waiting ..





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  • decastod
    07-23 12:46 PM
    Mine was signed my "R. William" ... there you go again with R sequence.



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  • martinvisalaw
    08-07 04:08 PM
    I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.

    Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
    (or) Can I just leave, work for them in India, and visit them periodically on B1?


    There is no need for you to have H-1B status if you are working in India. If you are not working in the US, you are not in any status and don't need any. You could return to the US in visitor status provided that you were not working here in the US. If you can explain to the consulate that you really intend just a short visit, even though you have permanent residence filed, you should get the B visa.

    I'm assuming that you are from India and therefore don't need any visa to work in India.





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  • fearonlygod
    10-03 12:29 PM
    Thanks..Guys for suggestions....

    I wanted to confirm that you complained in DOL while your transfer was pending or once it got completed....My only concern is that my transfer is pending....and if i complain that basted could cook something...?

    Any responses will be highly appreciated...





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  • nb_des
    09-21 02:39 PM
    As I understand even NumbersUSA support removing the per country cap.





    skynet2500
    07-09 12:35 PM
    DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
    Please post the link. What is new anyways in this?





    kiru_99
    10-30 05:03 PM
    Thanks for the reply. Atlast I could talk to my lawyer and the reason given by him is while sending the I485 application for my wife they sent the 1 & 3rd page of the application & missed the 2nd & 4th pages while taking xerox copies. He said he will try to resend it but not not sure whether tehy will accept. He took even 1000$ more from me for fast service.
    For his mistake I have to pay the price.

    I don't know what to do now..



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