Sunday, June 26, 2011

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  • Jaime
    06-13 01:58 PM
    If you are on EB3 then you ARE retrogressed. The entire world (which includes Brazil) is retrogressed on EB3. Now, if you meant to write "EB2" then that's another story...




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  • v2neha
    04-25 11:26 AM
    hello folks,
    I am switching jobs after an approved I140 and over 180 days from 485 receipt.
    I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
    - is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

    one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

    I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

    Thank you

    Rex

    Even if online address change thru AR-11 has not taken effect, post office will forward your mail to your new address for 12 months - make sure you fill out change of address form with postal dept immediately




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  • iamlost
    07-24 10:37 PM
    HI,

    Don't panic. USCIS rarely reopens an approved GC (only in cases of fraud or misrepresentation). If you are talking about the online status, I would not pay too much attention to it as it gives incorrect info sometimes.

    If you or your company did actually receive a RFE in the snail mail, get in touch with a good attorney and contact USCIS to see what is going on.

    Alternatively, you can contact USCIS customer service yourself, to put your mind at ease.

    Good luck.
    I am wondering if this has anything to do with the erroneous 140 approvals from TSC. So, they revised all the approvals to pending status ... and my 2.5 old approved case also got in midst of it ... Hmmm !!! This is killing man .... No peace even after GC !



    TSC Erroneously Issues I-140 Approval eMails on Premium Processing Cases
    �MurthyDotCom
    The Texas Service Center (TSC) advised in late July 2009 that eMail notifications have incorrectly been sent, which indicate approvals of Immigrant Petition for Alien Worker (I-140) cases. These eMails are originating from the Premium Processing Unit due to a technical problem. The system is issuing these eMails in error shortly after the transmission of the eMail receipt.
    �MurthyDotCom
    Erroneous I-140 Approval eMails do not have a Priority Date
    �MurthyDotCom
    The erroneous eMail does not contain a priority date or EB classification for the case. TSC is working to address the technical problem. Employers who are unsure about any such communication received from the TSC Premium Processing Unit can contact that unit at the eMail address or phone number provided on the I-140 receipt notice.
    �MurthyDotCom
    Conclusion
    �MurthyDotCom
    This likely is annoying and frustrating to individuals who believed their I-140 approvals were received in record time, only to find out that the approval eMail notification was erroneous. Although not specifically stated in the information released by TSC, it appears that this problem has been limited to eMail notifications. There was no indication that any hard-copy approval notices have been issued in error. MurthyDotCom and MurthyBulletin readers will be advised of any further information on this topic, when it is made available.




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  • matreen
    09-05 05:40 PM
    Please don't give incorrect answers.

    All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.

    The main difference in these corp types are
    1. How much record keeping is done
    2. The way taxes are computed and filed with IRS
    3. The kind of expenses allowed to deduct
    4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.

    For S-Corp, the shareholders must be Permanent Resident or US Citizen.

    I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.


    ____________________________________
    Proud Indian American and Legal Immigrant

    Thanks, nice reply.

    Question: I am on EAD and inovked AC21 and working with new employer. I am planning to register a company confused which one to go with LLC or C Corp., by the way I live in California, San Jose. I heard that if you register a LLC in California every year you have to around $800 tax fee, weather you do a business or not, is it true?

    If I go with C-Corp, shall I liable to $800 as well, any ideas??

    What is the deference between LLC and C-Corp? I know every state has deferent laws but I would appreciate if someone can answer my questions from California state.

    Thanks in advance.



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  • ashkam
    04-04 02:05 PM
    I filed my 485 in August and got married later and my wife is on H4 right now. I'm on H1 as of now. I'm not using my EAD right now, so that my wife can maintain her H4 status. I'm planning her F1 processing from H4, so that once she is on F1 officially, I want to use EAD to change employers.

    Is there any risk involved here and if so, please let me know

    Thanks in Advance

    Why do you have to wait for your wife to be on F1 before changing to EAD? Even if you use your EAD now, she will still be in valid AOS status.




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  • indyanguy
    10-19 02:10 PM
    Interesting thread. For all those who've gotten their hands dirty in the stock market, can you recommend any message boards that conducts healthy discussions for taking advantage of the volatility in the short term. I have looked at yahoo, aol, msn and google and most of them are non sensible discussions without much factual info.

    Thanks!



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  • chanduv23
    07-08 06:47 PM
    Om Mathew is obviously a publicity freak, now he has his picture on his website. I think he wants people to look at his picture and admire him




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  • new_gc_guy
    11-26 06:21 PM
    I may not be able to take part due to definite schedule conflicts. Regardless - I will contribute 100$ per member of my family(2) !



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  • wellwishergc
    04-08 07:45 PM
    Yes, it is possible.. However you can apply for extension for one year only. If your I-140 is approved, you can apply for extension for 3 years.

    I suggest the following:
    1) Apply for your I-140 at the earliest. There is a possibility that your I-140 will be approved before end of May.
    2) If I-140 gets approved by end of May, apply for H1B extension for 3 years
    3) Else apply for I-140 extension for 1 year based on your approved Labor

    Is it possible to get 7th year extension on the basis of approved LC and pending I-140. My approved LC is PERM filed in March 2006 and approved a week ago. My 6 years oevr in Sep 2006.

    Anybody in the same situation?




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  • Life2Live
    02-27 04:50 PM
    I resubmitted my I-485 petition sometime Nov 2008. So far no receipt, made a query with USCIS. Now I got letter from USCIS saying that they did not found my package, they want me resubmit with all the evidence and previous of copy of application.

    We have been planning to go to India and get it stamped since we are in 6th year. My company is such a lowsy company (If god is there, he should punish this BLOOD SUCKING TECHNOLOGIES COMPANY HEAVILY) they will take resubmittal of 485 for another couple of months.

    Should I have to wait some more time and just send family for their trip mean time? Write letter to OmBudsman....



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  • solaris27
    09-28 10:48 AM
    but pay taxes on profets.




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  • GCapplicant
    10-12 04:17 PM
    I am a June 25th filer, and i got my receipt for 485/131/765 on Sept 10th and haven't received any EAD or AP and no LUD as well forget about FP. I called TSC multiple time and was told first to wait till 90 days of filling ,then 30 days past receipt now 4 more weeks; since they are heavily backlogged busy in issuing receipts for 485 filer.

    When i contacted my lawyer he told me the same he is still waiting for the receipts for some of his clients who filed in July/August and reassured me that if or when a receipt is issued he will also get a receipt notice, and will contact me ... so don't worry to much regarding FP misplacement and relax it will come... after all it is National security, if the US is not concerned regarding it then why should you .;)

    By the way my PD is March,2003


    How come TSC is slow in yr case?Try giving a call to them if you get helpful IO its good.I was thinking guys who are in TSC are lucky.

    infact mine is from Nebraska...my A # numbers are changed...First name Last name my lawyer has made a confusion thats also wrong interchanged.As I have EAD adjudicated I have to pay new fees for new EAD with corrected name accepting my mistake of filing with interchanged names. Thats what IO told me yesterday.


    Most of my friends in NYC-applied in TSC July 2...They have got evertything by Aug end infact some of them have done FP too in sep.

    I am waiting for FP so that I can request them for correction too.

    Sorry for writing blah blah blah....



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  • ho_gaya_kaya_?
    01-12 06:48 PM
    Hey Bhnupriya

    could you please post some tips on how to form the sample letter for I140 ?

    i need both I140 as well as copy of labor

    Thanks.




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  • amitjoey
    02-03 07:52 PM
    Hi EveryOne,

    I got my Green card in mail yesterday.
    Thanks.

    Congrats!!



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  • mallu
    08-06 03:29 AM
    Like your thoughts on these topic... pardon me for my ignorance but whats the big deal about Name Check? will this take longer than the rest of the processing stages?

    According to USCIS Ombudsman 1/3rd of cases are pending more than 1 year due to namecheck. Also there are many cases stuck for more than 3 years. E




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  • gsc999
    01-24 11:06 PM
    Hello Nor. Cal,

    If we don't get going, I am afraid that we will not be able to achieve our objective, your objective.

    A few motivated people can only go so far. It is unfair to think that your time is more precious than any other volunteer's time. You just might be surprised to learn from us how busy we ourselves are.

    Please stand up for your rights. Don't take this campaign for granted.



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  • for_gc
    04-27 04:55 PM
    First of all, no need to be so concerned. Also this is not unique situation.

    Just apply for I140 for the EB3 (the labor you just got approved).
    Once you get the EB3 I140 approved, you have 2 ways to port the PD:
    1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).

    2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.

    The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.

    YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.

    My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.

    My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.




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  • anilsal
    08-06 12:45 AM
    First they need to cope with the scores of petetions, USCIS and FBI.
    For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
    This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
    Additional VISA numbers may not help anybody, if they don't use them properly
    Hopefully things will get better from now onwards?? ;) Maybe the july VB being current was a sign that things in the future will be bright. We can just hope, be positive and support IV in its efforts. :)

    Now that IV is 22K members strong. Just imagine how much of a difference we all can make. :) Great journey within 2 years.




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  • sandy_anand
    04-08 05:11 PM
    Well glad that at least all the lawyers' websites experienced lots of traffic these past few days. Happy for them. Only visible benefit from Mr.Oppenheim's dramatic announcement about the 12000 additional visas. :rolleyes:




    gimmemygreen
    09-14 04:46 PM
    Here is my story:

    I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.

    Here is my problem:

    1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).

    I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.

    I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).

    Company B is asking me pay $3000 for some damages and they say that it is as per the contract.

    To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.

    The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).

    The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.

    I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.

    Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.

    There is a new memo out which will screw the life of these pimps. Rise up and name company B here. I will suggest you a way to file a complaint with DOL.




    eb3_2004
    07-05 04:44 PM
    there is a Automatic VISA reavalidation Rule that allows u to visit Canada or Mexico and return within30 days only w/o valid US VISA...google it. or search on these forums...
    That rule is valid only for normal visits..If u visit a consulate in Canada for an appointment u need to have visa stamped to get back...The rule doesn't work out there...



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