Rsamuga
07-16 03:03 PM
Hi All-
I have a tricky scenario here, I need some input/guidance.
I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
applied the petition for my labor in April 2005 on eB2 Category and my responsibility was to pay for the GREEN CARD expenses.
During Oct 2005, I joined an American company as permanent employee. Even after that, due to the good terms with my previous employer he agreed to apply for my I-140 during 2007 June and I took care of the financial aspect of it. The known understanding was that I will join his company in near future, apply the I-485 and get the GC.
Two months back my I-140 got approved and I was waiting for the priority date to be current. Last week, I came back from my India trip. I got engaged during my trip and my marriage has been fixed in Nov'08. Today when I checked the UCSIS site, the priority date for the eB2 category is current.
My questions are:
1) At this point of time, I do not want to join my old employer.Working with the current American company, can I still proceed and apply for the I-485 through my previous employer ??.
2) If not, Can I use the earlier priority date(April 2005) by applying for a fresh GC(perm labor/ I-140) from my current employer?
3) To use the earlier priority date(April 2005), do I need to take approval letter from my previous employer ? Is there any chance that the old priority date can be revoked by the employer ??
If any of you guys have had/come across the same kind of scenario, please do let me know what would be the best way to proceed.
I really appreciate your response in this regard.
Thanks!!
I have a tricky scenario here, I need some input/guidance.
I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
applied the petition for my labor in April 2005 on eB2 Category and my responsibility was to pay for the GREEN CARD expenses.
During Oct 2005, I joined an American company as permanent employee. Even after that, due to the good terms with my previous employer he agreed to apply for my I-140 during 2007 June and I took care of the financial aspect of it. The known understanding was that I will join his company in near future, apply the I-485 and get the GC.
Two months back my I-140 got approved and I was waiting for the priority date to be current. Last week, I came back from my India trip. I got engaged during my trip and my marriage has been fixed in Nov'08. Today when I checked the UCSIS site, the priority date for the eB2 category is current.
My questions are:
1) At this point of time, I do not want to join my old employer.Working with the current American company, can I still proceed and apply for the I-485 through my previous employer ??.
2) If not, Can I use the earlier priority date(April 2005) by applying for a fresh GC(perm labor/ I-140) from my current employer?
3) To use the earlier priority date(April 2005), do I need to take approval letter from my previous employer ? Is there any chance that the old priority date can be revoked by the employer ??
If any of you guys have had/come across the same kind of scenario, please do let me know what would be the best way to proceed.
I really appreciate your response in this regard.
Thanks!!
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vxb2004
04-28 06:52 AM
Any inputs please....
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).
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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chaukas
04-15 02:28 AM
My parents travelled both on Cathay and JAL. Cathay has better food , but the flight to SFO is really long. They had used JAL before which has approx 8-10 hrs for each leg. Also, on the return , there is a days halt , so they provide a hotel. My parents took a small tour of the area too.
more...
tpcool
05-31 06:50 PM
vxb2004, thanks for the response and the wishes.
Ok, I got your point that since my I-140 is not approved yet, it is not safer to move at this point, but what would be your opinion, if my I-140 is approved. If it is Ok to move, once my I-140 is approved, then I can probably start preparing my ground work for this transition and hopefully the I-140 comes through in the coming 3 to 6 months.
One another question along the same lines - I haven't used my EAD yet and still on H1. Does the AC21 portability rules apply even in with the EAD? what is the use of the EAD then. EAD is supposed to be generic right?
Ok, I got your point that since my I-140 is not approved yet, it is not safer to move at this point, but what would be your opinion, if my I-140 is approved. If it is Ok to move, once my I-140 is approved, then I can probably start preparing my ground work for this transition and hopefully the I-140 comes through in the coming 3 to 6 months.
One another question along the same lines - I haven't used my EAD yet and still on H1. Does the AC21 portability rules apply even in with the EAD? what is the use of the EAD then. EAD is supposed to be generic right?
paskal
02-14 10:20 PM
guys,
i do not know how to make this clearer
if you want to join ANY iv chapter, your name and other info i listed below is mandatory. we do not admit anonymous members. if you cannot reveal yourself to your own community then you are frankly no good to us....
please DO NOT send blank requests for membership.
having to write back and ask for it is a real waste of my time.
please cooperate the first time round !!
Thanks :)
i do not know how to make this clearer
if you want to join ANY iv chapter, your name and other info i listed below is mandatory. we do not admit anonymous members. if you cannot reveal yourself to your own community then you are frankly no good to us....
please DO NOT send blank requests for membership.
having to write back and ask for it is a real waste of my time.
please cooperate the first time round !!
Thanks :)
more...
royus77
07-01 03:23 PM
Since AILF has already issued a preliminary notice about a class action law suit if USCIS rejects applications under a revised bulletin this is a preliminary poll on how many of us would join the law suit? I for one will join the law suit. Understand that you will have to reveal all details about yourself and application in the lawsuit and those details will be transparent to DOS and USCIS.
Can you reveal the userid in the reults .....i would like to see who ever voted to support infact have their profiles updated::rolleyes:
Can you reveal the userid in the reults .....i would like to see who ever voted to support infact have their profiles updated::rolleyes:
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kartikiran
01-28 04:06 PM
Anurag Dikshit & Vikrant Bhargava - founders of online gaming company PartyGaming, which owns gaming sites like partypoker.net
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vroapp
02-23 08:56 AM
it would be mentioned on the VISA. not all sub-categories of J1 are subject to HRR. hence your friends' wasn't.
"By the way, her research:
- Is not funded by any govt. agency
- Has nothing to do with medicine"
"By the way, her research:
- Is not funded by any govt. agency
- Has nothing to do with medicine"
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leo2606
10-15 09:48 PM
Yes but where did you do your Bachelors and in what?
Reason I am asking is, I have seen I-140s got rejected for some folks where the person did 3 years Bachelors or AMIE eventhough they had MS in USA (Specially with EB-2 cases).
No I did MS in computer Science from here only
Reason I am asking is, I have seen I-140s got rejected for some folks where the person did 3 years Bachelors or AMIE eventhough they had MS in USA (Specially with EB-2 cases).
No I did MS in computer Science from here only
more...
smartboy75
09-28 07:27 PM
bump
^^^^^^^
^^^^^^^
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americandesi
10-18 06:03 PM
This due to increased fee coming to effect after July.
The increased fee went in on July 31, 2007 and as far as I know, no relief in fee was provided to naturalization applicants unlike I-485 applicants till Aug 17. Still many naturalization applications were filed in Aug 2007.
Looks like the I-485 wave swept the naturalization applicants too :)
The increased fee went in on July 31, 2007 and as far as I know, no relief in fee was provided to naturalization applicants unlike I-485 applicants till Aug 17. Still many naturalization applications were filed in Aug 2007.
Looks like the I-485 wave swept the naturalization applicants too :)
more...
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fromnaija
10-01 07:26 PM
Exactly my point. I could not read those numbers correctly and got a shocker until I received the receipts in the mail.
My cheques got encashed last week ...I have the receipt numbers from the back of the chq...have not yet received the physical receipt notices yet...
My cheques got encashed last week ...I have the receipt numbers from the back of the chq...have not yet received the physical receipt notices yet...
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legaleagle
05-27 06:37 PM
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
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
more...
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Since1997
08-13 11:24 AM
Couple of Jul 2nd filers got receipts - as per murthy forum members.....
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jasonmc86
07-27 06:45 AM
I've done alot of debugging to try figure the problem... (.show()) isn't a method inside the openFileDialog class...?
-The main thing i'm found when debugging is that when the openFileDialog is used to do anything in my program even if i don't use any information from it it doesnt write my TEST data to a xml file or any other methods i use to write an xml file... eg.
When i run these lines in conjunction to the rest of my code
//DialogResult result = DialogAddTo.ShowDialog();
String fileNameToAdd = "E:\\blah";
//String fileNameToAdd = DialogAddTo.FileName;
Commenting out the openFileDialog and just storing a random file name then the rest of my program (eg. writing the xml file and info wanted) works however when i get the file name from the openFileDialog it doesn't let me write any Xml files even ones i have working already.
If anyone has had the same error or has knowledge please reply cheers
eG this code ive tested and it does the job but i want the user to be able to select a file using a dialogBox... NOTE green is commented
switch (tabControlSelector.TabPages[tabControlSelector.SelectedIndex].Text)
{
case "Images":
DialogAddTo.Title = "Add Image to Dir to view";
DialogAddTo.InitialDirectory = "E:\\Images\\";
DialogAddTo.Filter = "JPG| *.jpg";
DialogAddTo.Multiselect = false;
DialogAddTo.ShowDialog();
//DialogResult result = DialogAddTo.ShowDialog();
String fileNameToAdd = "E:\\blah";
//String fileNameToAdd = DialogAddTo.FileName;
DialogAddTo.Dispose();
if (true)
{
viwDataDS.imagesTable.AddimagesTableRow(fileNameTo Add.Substring(fileNameToAdd.LastIndexOf("\\") + 1).ToString(),
fileNameToAdd.ToString(),
DateTime.Now);
viwDataDS.imagesTable.WriteXml("test.xml", XmlWriteMode.WriteSchema);
}
else
{
MessageBox.Show("That Image Already Exists");
}
break;
case "Videos":
break;
-The main thing i'm found when debugging is that when the openFileDialog is used to do anything in my program even if i don't use any information from it it doesnt write my TEST data to a xml file or any other methods i use to write an xml file... eg.
When i run these lines in conjunction to the rest of my code
//DialogResult result = DialogAddTo.ShowDialog();
String fileNameToAdd = "E:\\blah";
//String fileNameToAdd = DialogAddTo.FileName;
Commenting out the openFileDialog and just storing a random file name then the rest of my program (eg. writing the xml file and info wanted) works however when i get the file name from the openFileDialog it doesn't let me write any Xml files even ones i have working already.
If anyone has had the same error or has knowledge please reply cheers
eG this code ive tested and it does the job but i want the user to be able to select a file using a dialogBox... NOTE green is commented
switch (tabControlSelector.TabPages[tabControlSelector.SelectedIndex].Text)
{
case "Images":
DialogAddTo.Title = "Add Image to Dir to view";
DialogAddTo.InitialDirectory = "E:\\Images\\";
DialogAddTo.Filter = "JPG| *.jpg";
DialogAddTo.Multiselect = false;
DialogAddTo.ShowDialog();
//DialogResult result = DialogAddTo.ShowDialog();
String fileNameToAdd = "E:\\blah";
//String fileNameToAdd = DialogAddTo.FileName;
DialogAddTo.Dispose();
if (true)
{
viwDataDS.imagesTable.AddimagesTableRow(fileNameTo Add.Substring(fileNameToAdd.LastIndexOf("\\") + 1).ToString(),
fileNameToAdd.ToString(),
DateTime.Now);
viwDataDS.imagesTable.WriteXml("test.xml", XmlWriteMode.WriteSchema);
}
else
{
MessageBox.Show("That Image Already Exists");
}
break;
case "Videos":
break;
more...
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ingegarcia
06-15 03:40 PM
Will continue contributing at least till guys stuck in the backlog centers get to file their I-140s.
What about the option
Refiling LC in PERM due to .... changing jobs, etc
What about the option
Refiling LC in PERM due to .... changing jobs, etc
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LostInGCProcess
02-11 02:31 PM
sidd_k2002, Just move forward and sent the necessary sponsorship letter so that they can go ahead and get the visitors visa. Do you have any brothers and sisters living in India that are still with your parents? If so, they can show that as a reason why they would not like to stay back in US.
Stop worrying and think positive. Since Graduation is a BIG event and its once in a life-time event, the presence of parents at the honoring ceremony is the dream for every child. Your parents should convey this point to the VO.
Good Luck!!! Don't worry!!! Don't think too much!!! Just do the right thing!!! Everything should be okay...
Stop worrying and think positive. Since Graduation is a BIG event and its once in a life-time event, the presence of parents at the honoring ceremony is the dream for every child. Your parents should convey this point to the VO.
Good Luck!!! Don't worry!!! Don't think too much!!! Just do the right thing!!! Everything should be okay...
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walking_dude
12-05 12:02 PM
True, it covers only Citizenship (naturalization) applicants. However, it's worthwhile to explore if this lawsuit can be extended to cover GC applicants or ACLU is willing to file another for GC applicants too . It may provide a chance to those on IV still stuck in Namechecks.
Class-actions may be slow, but they provide benefits to all future GC applicants (if successful) unlike WOM cases which benefit only the applicant.
ACLU Press release - http://www.aclu.org/immigrants/gen/32422prs20071029.html
ACLU Immigrants rights project E-mail - immrights@aclu.org
Class-actions may be slow, but they provide benefits to all future GC applicants (if successful) unlike WOM cases which benefit only the applicant.
ACLU Press release - http://www.aclu.org/immigrants/gen/32422prs20071029.html
ACLU Immigrants rights project E-mail - immrights@aclu.org
lazycis
01-15 11:15 AM
Finally, I found it in the federal regulations. So it's the federal law.
20 CFR Ch. V. � 655.731
...
except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);
20 CFR Ch. V. � 655.731
...
except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);
pmpforgc
10-31 02:49 PM
Hi
My sch-A appln. I-140 was approved on Oct-30.
I also got LUDs on I-485s of me and my family on Oct-31.
Does that suggest anything or it is just routine update after I-140 apporval?
Your experienced input will help.
My sch-A appln. I-140 was approved on Oct-30.
I also got LUDs on I-485s of me and my family on Oct-31.
Does that suggest anything or it is just routine update after I-140 apporval?
Your experienced input will help.
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