kshitijnt
07-11 10:37 PM
As long as your old I140 is not withdrawn, you can file 485. I think even if it is withdrawn, there still might be a chance, check with your NEW lawyer.
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uma001
02-01 01:31 PM
Congrats and dont forget to continue to stay on this forum to help others if they have any questions regarding green card process
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va_labor2002
06-01 02:24 PM
Is it possible ? If it is possible to pick up the legal immigration provisions from CIR and make a new Bill, we should proceed with that option,so that it will be passed quickly before CIR. We should talk to our senators for this option.
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shivarajan
07-26 02:38 AM
I use remit2India.com directly and they have best exchange rates/offers, looks like hdfc money transfer also use them as gateway and give lesser exchange than going thro them directly. Not great customer service but best rates so far and really not so bad marketing offers sometimes.
so my ordering for best is (per my exp):
1. remit2india.com
2.hdfc quick remit online
3.icici online
4.western union
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so my ordering for best is (per my exp):
1. remit2india.com
2.hdfc quick remit online
3.icici online
4.western union
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raamskl
07-20 09:57 PM
I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.
browsing through this link
http://www.ilw.com/seminars/august2002_citation2b.pdf
it seems they do use all the 4 pages of G325A (Check out section 3). But page 10 also mentions that if only one copy G28 is present, then the manual instructs the contractor to make a copy. Well, they might be able to make copies, but that is just a guess. And if you skim through this pdf it talks about various mistakes that the applicants might make and on how the contractor (guy handling the application) should work around it. So they seem pretty forgiving.
My advice is to call USCIS and inquire about it, sometimes they are very helpful.
Cheers.
browsing through this link
http://www.ilw.com/seminars/august2002_citation2b.pdf
it seems they do use all the 4 pages of G325A (Check out section 3). But page 10 also mentions that if only one copy G28 is present, then the manual instructs the contractor to make a copy. Well, they might be able to make copies, but that is just a guess. And if you skim through this pdf it talks about various mistakes that the applicants might make and on how the contractor (guy handling the application) should work around it. So they seem pretty forgiving.
My advice is to call USCIS and inquire about it, sometimes they are very helpful.
Cheers.
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jsd123
05-08 06:06 PM
I always use SBI online. Very reliable, cost effective and best conversion rates !!
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desidas
01-22 10:55 AM
<bump>
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Chiwere
07-29 08:07 PM
Conchshell raised a valid point, but instead of seeking cooperation we should try to neutralize CHC - oppose any potential relief to illegals. It is about time we paid them back in the same coin.
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gccovet
09-05 04:53 PM
I have GC for about a month now. I plan on taking up Corp-to-Corp, Independent, 1099 and W2 contracts. For corp-to-corp contracts I would like to incorporate a company if I can save on taxes over the 1099 contracts. I am also
in the process of engaging a CPA. Do you advise incorpating a LLC or S-Corp or a C-corp ?
Thanks,
theOne
LLC is the best way to go, just one drawback , per current market situation (financial situation), banks might be reluctant to provide a loan etc. but if you have a VC or capital, go for LLC. the best way to go.
Good luck.
GCCovet
in the process of engaging a CPA. Do you advise incorpating a LLC or S-Corp or a C-corp ?
Thanks,
theOne
LLC is the best way to go, just one drawback , per current market situation (financial situation), banks might be reluctant to provide a loan etc. but if you have a VC or capital, go for LLC. the best way to go.
Good luck.
GCCovet
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ChainReaction
04-18 09:09 AM
I already have two labor certification petition both of which are stuck in PBEC. MY first labor cert has PD of March 2003 and the other Feb 2005 . ON my lawyers advice i filed my second labor under RIR instead of waiting for another month and filing under PERM what a big mistake i made... I am onmy 5th yr on H1b and was hoping to Get at least 3yr ext if i was able to file 1-140 and have it approved before i file for the H1b . :(
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krishnam70
11-20 03:48 PM
Hi all,
Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.
My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.
Are you using EAD to work or still using H1? If you are using H1 and it is valid the IO at POE will admit you in the non-immigrant status not as a Parolee. This is based on experience and a question I asked the IO when I tried to enter the US using AP even though I had valid H1 stamp in my passport and a valid 797. He mentioned that as a rule they will admit the candidate in non-immigrant status if the candidate is actually working on a non-immigrant visa. If you were are using your EAD and show documentation then they will admit you using AP.
-good luck
kris
Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.
My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.
Are you using EAD to work or still using H1? If you are using H1 and it is valid the IO at POE will admit you in the non-immigrant status not as a Parolee. This is based on experience and a question I asked the IO when I tried to enter the US using AP even though I had valid H1 stamp in my passport and a valid 797. He mentioned that as a rule they will admit the candidate in non-immigrant status if the candidate is actually working on a non-immigrant visa. If you were are using your EAD and show documentation then they will admit you using AP.
-good luck
kris
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gc_on_demand
04-06 10:34 AM
Could elaborate why you say this is about I140? I couldnt derive that from the posting. Anyhow this whole this is utter nonsense from the immigration department. I dont think there will be any action, period.
The whole thing is written as if June 2007 happened by mistake, I dont buy that.
If publisher understand meaning of Petition vs Application then I 140 is petition which can be approved or denied and doesnot need adjuction. While I 485 is a visa application by individual which can be adjucted if visas are available and petition has been approved.
But here they are talking both words in same sentence. It could be they approved 75k I 140 and adjucted those many 485s. and their goal to have only 55k I 140 on hand.
Still they can approve 65k I 485 from pending backlog. ( 75 + 65 = 140k ). So my understanding is from previous backlog they approved 75k I 140 + I 485. Still 65k visas are left . if these many visas are left then I dont think dates for Eb2 india will go near to 2005.
The whole thing is written as if June 2007 happened by mistake, I dont buy that.
If publisher understand meaning of Petition vs Application then I 140 is petition which can be approved or denied and doesnot need adjuction. While I 485 is a visa application by individual which can be adjucted if visas are available and petition has been approved.
But here they are talking both words in same sentence. It could be they approved 75k I 140 and adjucted those many 485s. and their goal to have only 55k I 140 on hand.
Still they can approve 65k I 485 from pending backlog. ( 75 + 65 = 140k ). So my understanding is from previous backlog they approved 75k I 140 + I 485. Still 65k visas are left . if these many visas are left then I dont think dates for Eb2 india will go near to 2005.
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pt326bc
09-23 09:19 AM
Man why you need reciepts?
For most purposes of contact with USCIS you don't need the original receipts.
The only exception is the time when you travel if your AP is pending. You would need to have a valid visa stamp (H1/H4/L1 or whatever) and the ORIGINAL receipt notice.
As far as the lawyer saying that the original receipt notice being property of the employer; that would only happen if the lawyer is on the payroll of your employer and the employer is paying for the whole process.
If you have an independent lawyer and you are paying him, the AOS/EAD/AP notices are your property (if you can use that term).
I think legally the employer might refuse to give you the original notice for H1B or LCA or maybe I 140 but you can always get them using FIFO.
Of course you would have to insist on the original H1B notice if you are going for visa stamping though.
Again this is not legal advice, just my 2 cents as I am not a lawyer.
Regards.
For most purposes of contact with USCIS you don't need the original receipts.
The only exception is the time when you travel if your AP is pending. You would need to have a valid visa stamp (H1/H4/L1 or whatever) and the ORIGINAL receipt notice.
As far as the lawyer saying that the original receipt notice being property of the employer; that would only happen if the lawyer is on the payroll of your employer and the employer is paying for the whole process.
If you have an independent lawyer and you are paying him, the AOS/EAD/AP notices are your property (if you can use that term).
I think legally the employer might refuse to give you the original notice for H1B or LCA or maybe I 140 but you can always get them using FIFO.
Of course you would have to insist on the original H1B notice if you are going for visa stamping though.
Again this is not legal advice, just my 2 cents as I am not a lawyer.
Regards.
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gcseeker2002
08-14 02:24 PM
Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
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maddipati1
02-03 01:50 PM
anyone know if,
Bachelors Equivalent ( Bachelors-3Yrs + Masters-2Yrs )
+ 5 years Experience
qualify for EB2 ?
thanks,
I also have 3 years bachelors. My lawyer told me that EB2 cannot be approved with 3 years bachelors and even if we try we are taking risk of having USCIS dig approved Eb3 labor and I140.
Bachelors Equivalent ( Bachelors-3Yrs + Masters-2Yrs )
+ 5 years Experience
qualify for EB2 ?
thanks,
I also have 3 years bachelors. My lawyer told me that EB2 cannot be approved with 3 years bachelors and even if we try we are taking risk of having USCIS dig approved Eb3 labor and I140.
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allegator
03-19 10:08 PM
Thank You very much for your suggestion but how can he know that I am working on different project. I just want to buy a months time and then he himself will remove me from his payroll as these desi employers can't pay a single days salary on bench. Also just after a week of joining I am planning to visit India on my AP for four weeks. I want to resign after coming back. I want the initiative to be taken from his side and not mine. I have ben working with him since last five year and just for holding my H1B he has been taking a huge cut from my billing rate witout doing any thing.
Thanks
Thanks,
Sudhakar
Thanks
Thanks,
Sudhakar
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coolngood4u80
01-26 12:59 PM
Guys Be proud that even Andhra is part of India and they are Indians too!!! Thanks for sharing this news ...just chillout we don't need to argue for everything
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GSingh
07-13 10:44 AM
Its a good idea but make sure you guyz are comfortable. It must be hot out there.
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chi_shark
09-09 03:45 PM
This issue must have been beaten to death already... I do not think that you have to be a permanent resident or Citizen in USCIS terms for doing S-Corp. The requirement is stated in a negative fashion in the code. I mean that the code lists what cannot be instead of what should be. And I think it means that a s-corp shareholder cannot be a non-resident alien. Thats it. I am on EAD and I have an S-Corp (i dont do IT with that company). I have a full time IT job and run the company part time...
I would have liked to do LLC except that it is more expensive to set it up compared to corp. there are record keeping requirements on corp... but if you are a good CEO, you will keep records for any company... no matter what legal style of organization.
The only operational benefit of S-corp or llc is the pass through taxation... i.e. income is taxed only once... c-corp has to be taxed on profits... on the flip side, however, you may potentially have a company that does very little business in the first year and hence very little profits or taxes... you could give yourself a handsome (but reasonable) salary and hence declare loss or zero profits... there are ways..
finally, I recommend spending the extra time, money, effort to read a few books (like "Inc yourself") and subscribe to inc magazine, entrepreneur magazine to do all legal and accounting stuff yourself in the first 1 2 years... you will learn a lot! on the other hand if you are starting with large capital base, then you can probably hire everyone right off the bat! (you probably would not have come here if you had plenty of money to hire everyone)
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
I would have liked to do LLC except that it is more expensive to set it up compared to corp. there are record keeping requirements on corp... but if you are a good CEO, you will keep records for any company... no matter what legal style of organization.
The only operational benefit of S-corp or llc is the pass through taxation... i.e. income is taxed only once... c-corp has to be taxed on profits... on the flip side, however, you may potentially have a company that does very little business in the first year and hence very little profits or taxes... you could give yourself a handsome (but reasonable) salary and hence declare loss or zero profits... there are ways..
finally, I recommend spending the extra time, money, effort to read a few books (like "Inc yourself") and subscribe to inc magazine, entrepreneur magazine to do all legal and accounting stuff yourself in the first 1 2 years... you will learn a lot! on the other hand if you are starting with large capital base, then you can probably hire everyone right off the bat! (you probably would not have come here if you had plenty of money to hire everyone)
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
bkshres
01-22 12:50 PM
I am also in similar situation.
I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.
Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?
Thanks in advance.
BK
I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.
Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?
Thanks in advance.
BK
shreekarthik
06-13 03:57 PM
I got my LC two days ago apply 245i 05-26-01.On my LC it says B2 does this mean EB2 and whats my current status can I apply for 485i please advise me thakyou all.
If u applied under 245(I) I would highly doubt it would be EB2. I don't think the B2 implies any of the employment based category. Read your LC application and it will talk about sections like "Sec.203(b)(2)" etc. That should tell u which category you belong to.
BTW which country are u from ?
If u applied under 245(I) I would highly doubt it would be EB2. I don't think the B2 implies any of the employment based category. Read your LC application and it will talk about sections like "Sec.203(b)(2)" etc. That should tell u which category you belong to.
BTW which country are u from ?
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