ssdtm
02-23 10:31 PM
As far as I know, there is no "filing of AC21 with an attorney". Please be more specific as this is not clear.
AC21 is something on basis of which you can change employer. If you get an RFE than you simply have to prove that you used AC21 to change employer. That's it.
Some people proactively send a letter to USCIS informing that they are using/have used AC21 to change their employer. But based on various attorneys feedback, opinion is that USCIS does not really use that letter for anything if sent proactively just to inform USCIS that you are using AC21.
AC21 is something on basis of which you can change employer. If you get an RFE than you simply have to prove that you used AC21 to change employer. That's it.
Some people proactively send a letter to USCIS informing that they are using/have used AC21 to change their employer. But based on various attorneys feedback, opinion is that USCIS does not really use that letter for anything if sent proactively just to inform USCIS that you are using AC21.
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punjabi77
10-08 12:13 AM
Can someone on this forum please let me know if i can keep my Canadian PR after my 485 is approved?
I dont think approval is going to come that soon for me (I am in EB3 category PD 09/06).
Reason i have asked the above question is because i have my Canadian PR and i know that i can stay outside canada for 3 yrs out of 5 years to maintain PR.
Incase, 485 does not approve in 3 years, then i have to move to Canada to maintain my PR (no option left).
But incase,485 does gets approved within 3 yrs then i will be in a fix as to whether i should keep PR or GC.
Now if there is an option to keep both, then it is gr8, but what if there is no option. i certainly dont want to loose my Canadian PR as i think in long term Canadian Citizenship is better.
Someone please respond.
I dont think approval is going to come that soon for me (I am in EB3 category PD 09/06).
Reason i have asked the above question is because i have my Canadian PR and i know that i can stay outside canada for 3 yrs out of 5 years to maintain PR.
Incase, 485 does not approve in 3 years, then i have to move to Canada to maintain my PR (no option left).
But incase,485 does gets approved within 3 yrs then i will be in a fix as to whether i should keep PR or GC.
Now if there is an option to keep both, then it is gr8, but what if there is no option. i certainly dont want to loose my Canadian PR as i think in long term Canadian Citizenship is better.
Someone please respond.
akela_topchi
01-15 06:13 PM
Friends,
Looks like Obama and his administration is serious about fixing things.
There are several polls on various immigration related issues at change.gov.
Some are "pro" and many are "anti".
Lets cast our vote, write messages, make yourself heard.
Lets convey what we're going through, and we want relief.
We are in it to win it.
Here are some immigration/Green card/Visa related polls. Lets vote!
____________________
Green Card related polls : Here (http://citizensbriefingbook.change.gov/search/SearchResults?searchType=2&str=Green+Card&search=Search)
Immigration related polls : Here (http://citizensbriefingbook.change.gov/search/SearchResults?str=immigration&search.x=0&search.y=0&search=Submit)
Visa related polls : Here (http://citizensbriefingbook.change.gov/search/SearchResults?searchType=2&str=visa&search=Search)
____________________
Some pro-immigration polls
- Please help the Immigration System (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004lrV&srPos=0&srKp=087)
Some Anti-H1B polls
- Reduce the H1-B cap for 2009 (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004nli&srPos=0&srKp=087)
- Replace India's Talent with US Talent (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004spJ&srPos=1&srKp=087)
- Reduce H1 Visas: Jobs for Americans (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004p5a&srPos=3&srKp=087)
- H1B Fraud & Legal Immigration Issues (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004wtD&srPos=12&srKp=087)
Looks like Obama and his administration is serious about fixing things.
There are several polls on various immigration related issues at change.gov.
Some are "pro" and many are "anti".
Lets cast our vote, write messages, make yourself heard.
Lets convey what we're going through, and we want relief.
We are in it to win it.
Here are some immigration/Green card/Visa related polls. Lets vote!
____________________
Green Card related polls : Here (http://citizensbriefingbook.change.gov/search/SearchResults?searchType=2&str=Green+Card&search=Search)
Immigration related polls : Here (http://citizensbriefingbook.change.gov/search/SearchResults?str=immigration&search.x=0&search.y=0&search=Submit)
Visa related polls : Here (http://citizensbriefingbook.change.gov/search/SearchResults?searchType=2&str=visa&search=Search)
____________________
Some pro-immigration polls
- Please help the Immigration System (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004lrV&srPos=0&srKp=087)
Some Anti-H1B polls
- Reduce the H1-B cap for 2009 (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004nli&srPos=0&srKp=087)
- Replace India's Talent with US Talent (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004spJ&srPos=1&srKp=087)
- Reduce H1 Visas: Jobs for Americans (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004p5a&srPos=3&srKp=087)
- H1B Fraud & Legal Immigration Issues (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004wtD&srPos=12&srKp=087)
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3ZS
May 11th, 2006, 07:36 PM
Hi -
I just bought a nikon d50 kit and the dealer sold me sigma lens' with the kit. I have since upgraded the camera body to a d70S. Now I am having problems with the lens', autofocus doesnt work all the time. Sometimes it works...then other times it wont focus at all.
Does anyone know if the sigma 18-50mm and the 70-300mm af/mf lens' are compatable with the d70s?
The dealer told me the sigma lens were better then the nikor lens' because they have a metal mount whereas the mikor was a plastic mount. is this true and is this somethign i really should have worried about?
I just bought a nikon d50 kit and the dealer sold me sigma lens' with the kit. I have since upgraded the camera body to a d70S. Now I am having problems with the lens', autofocus doesnt work all the time. Sometimes it works...then other times it wont focus at all.
Does anyone know if the sigma 18-50mm and the 70-300mm af/mf lens' are compatable with the d70s?
The dealer told me the sigma lens were better then the nikor lens' because they have a metal mount whereas the mikor was a plastic mount. is this true and is this somethign i really should have worried about?
more...
fatboysam
05-16 09:40 AM
I have couple of doubts whether i will be able to qualify or not, which i want to clairify.
Ofcourse i will apply in Skilled workers category, i do not have any Canada experience, so according to the official website, i might not qualify because i am not a Manager.
I do not see any option for a software engineer, Am i missing anything ?
Immigrating to Canada: Skilled workers and professionals - Who can apply (http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp)
Ofcourse i will apply in Skilled workers category, i do not have any Canada experience, so according to the official website, i might not qualify because i am not a Manager.
I do not see any option for a software engineer, Am i missing anything ?
Immigrating to Canada: Skilled workers and professionals - Who can apply (http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp)
coolblues
08-14 08:01 PM
Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
- Can this actually happen (that RFE doesn't get delivered at all) ??
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
- Can this actually happen (that RFE doesn't get delivered at all) ??
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
more...
akp
06-30 07:35 PM
I do not know what was posted. But if it was not offensive language (and I mean offensive as in use of swear words), I do not agree that moderator or super moderator should delete it. Let it be there, if it is useless drivel, it will be ignored by most. So deleting an opinion or comment does not sound right, and it undermines the credibility of forum, especially in the US where these sort of things not taken lightly (think of communist label).
I understand the concept of keeping focus on immigration matters only, but leave it to members for most part.
The implication of our way or highway sounds childish.
Just my opinion in an "open" forum.
I understand the concept of keeping focus on immigration matters only, but leave it to members for most part.
The implication of our way or highway sounds childish.
Just my opinion in an "open" forum.
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asiehouston
12-13 02:00 PM
Hey Guys, count me in too
more...
KabAyegaMeraGc
10-22 08:14 PM
You are very welcome...
Consular processing is way faster is what I was told.
Consular processing is way faster is what I was told.
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Berkeleybee
05-24 11:40 PM
We need to get started on this right away and reach Senators before the vote on these amendments take place on May 25, Thursday!
For instructions please see
Web-fax
http://immigrationvoice.org/forum/showthread.php?t=941
Phone campaign
http://immigrationvoice.org/forum/showthread.php?t=942
Thanks,
For instructions please see
Web-fax
http://immigrationvoice.org/forum/showthread.php?t=941
Phone campaign
http://immigrationvoice.org/forum/showthread.php?t=942
Thanks,
more...
ravi_hyd
10-26 06:41 PM
I filed mine on July 27th. Still no EAD for me or my wife. :(
Where did you sent your application?
Where did you sent your application?
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number30
03-05 09:45 PM
As I mentioned earlier, my case is family-based. I'm in F1 visa status so the 245 provision doesn't apply to me. The period of work is hard to calculate. Since I never actively participated in my own business, I don't recall ever working for more than a few hours each month.
I suppose the question boils down to this: Should I, or shouldn't I disclose my self employment to CIS?
Family based might based upon the parents or siblings. That is the reason i asked whether is is spouse? If spouse you are OK. You can disclose the income.
I suppose the question boils down to this: Should I, or shouldn't I disclose my self employment to CIS?
Family based might based upon the parents or siblings. That is the reason i asked whether is is spouse? If spouse you are OK. You can disclose the income.
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chandler_vt
04-30 08:17 AM
Where did you get this info? Could you please point out a reference that says so?
You have to think about it in these terms.
1) Say you show the experience. Then it means you were working in US while being on h4. It doesn't matter if you received salary here or not. Like say if some VP of infosys comes to US for a meeting, he is getting his salary in India. But he is here on proper visa to do his work.
2) On the other hand, h4 prevents you from doing any kind of work while in US. Although u may still be employee of a company in other country, you CAN't work. Simple.
Someone mentioned a British citizen gets paid in pounds while she works in Cali. See my example of Infosys VP. Its important to know which visa she has. I m sure she won't be on H4.
You have to think about it in these terms.
1) Say you show the experience. Then it means you were working in US while being on h4. It doesn't matter if you received salary here or not. Like say if some VP of infosys comes to US for a meeting, he is getting his salary in India. But he is here on proper visa to do his work.
2) On the other hand, h4 prevents you from doing any kind of work while in US. Although u may still be employee of a company in other country, you CAN't work. Simple.
Someone mentioned a British citizen gets paid in pounds while she works in Cali. See my example of Infosys VP. Its important to know which visa she has. I m sure she won't be on H4.
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hopelessGC
04-28 11:45 AM
The thing is it is kind of strange that they are working on Sundays to reopen cases.
I hope things work out for good for everyone.
In my wife's case it is just a soft LUD. She is not even using that H1-B anymore.
I hope things work out for good for everyone.
In my wife's case it is just a soft LUD. She is not even using that H1-B anymore.
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FRUSTRATED
07-07 03:00 PM
The information quoted by morpheus is quite correct. you can attend board meetings as a director although honorory or because of your extensive shareholding. you cannot be a salaried, contracted or basically compensated director or board member. you cannot take salaries but can take dividends (profit). you can also apply for any licenses or authorizations required for the business in your name. just make sure you dont write anything off in your name to save the taxes on the dividends because that will show your active involvement (day to day) which you cannot have.
I owned business and had state and federal licenses when I was on F-1.
And very frankly if you have any innovative ideas are an entrepreneur immigration and visa is the last thing you should worry about. There are many ways to to that and if you have a trustworthy citizen or GC holder as a partner it is very easy. just concentrate on your ideas and plans. contact a lawyer, do some reading of IRS pubs, and immigration law.
I am an entreprenur myself and I wish you very good luck and success.
Please consult an immigraiton attorney. There is a lot of misinformation in this area. I believe several of the posts above are incorrect.
My immigration attorney has advised me I can invest in and own anything - LLC, C Corp - as long as I don't take an active role in the business. Once you become active, you need an employment visa e.g. H1 to cover that. Since moving to the US I have owned and/or founded a couple of companies. I filed a visa so I could actively manage one of them. The others I am just a passive investor. One interesting question is can you attend a board meeting and still be a passive investor? Personally I think so, because board membership is not employment. Some may prefer to err on the conservative side.
Income from activites like Google Adsense or royalties is a grey area. It would make an interesting case, because it's very hard for the USCIS to say it is 'employment' rather than passive income. Any legal advice in this area is just an opinion. According to my attorney, there are no USCIS memoranda or case law on the subject.
Morph
I owned business and had state and federal licenses when I was on F-1.
And very frankly if you have any innovative ideas are an entrepreneur immigration and visa is the last thing you should worry about. There are many ways to to that and if you have a trustworthy citizen or GC holder as a partner it is very easy. just concentrate on your ideas and plans. contact a lawyer, do some reading of IRS pubs, and immigration law.
I am an entreprenur myself and I wish you very good luck and success.
Please consult an immigraiton attorney. There is a lot of misinformation in this area. I believe several of the posts above are incorrect.
My immigration attorney has advised me I can invest in and own anything - LLC, C Corp - as long as I don't take an active role in the business. Once you become active, you need an employment visa e.g. H1 to cover that. Since moving to the US I have owned and/or founded a couple of companies. I filed a visa so I could actively manage one of them. The others I am just a passive investor. One interesting question is can you attend a board meeting and still be a passive investor? Personally I think so, because board membership is not employment. Some may prefer to err on the conservative side.
Income from activites like Google Adsense or royalties is a grey area. It would make an interesting case, because it's very hard for the USCIS to say it is 'employment' rather than passive income. Any legal advice in this area is just an opinion. According to my attorney, there are no USCIS memoranda or case law on the subject.
Morph
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surabhi
08-17 04:02 PM
I think this might be the case where "Waiver of Signature" was not opted in case of express mail.
In that case, USPS has to deliver only if a signatory is available. This is obscure option on the Express Mail address sheet. For PO Box addresses like in this case, it is advisable to opt for waiver for obvious reasons.
In this situation, I guess nothing much to do except wait I guess.
In that case, USPS has to deliver only if a signatory is available. This is obscure option on the Express Mail address sheet. For PO Box addresses like in this case, it is advisable to opt for waiver for obvious reasons.
In this situation, I guess nothing much to do except wait I guess.
more...
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kaisersose
09-17 12:17 PM
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
I am pretty sure your lawyer is wrong. Many lawyers assume the same rule of H-1 to H-1 transfer applies everywhere which is not the case. A change of status is not the same as H-1 to H-1.
A H-4 to H-1 will take effect on October 1st. The surest way to not let this happen is if she has a valid H-4 visa stamp. She can get out of the country on Sep 30 and return back on Oct 02 as H-4.
The other alternative is to apply for a H-1 to H-4 status change and wait it out. This status change is not effective until approval which can take a while. Meanwhile she will be on H-1 without pay which is not good.
There may be a third choice where the employer cancels the H-1b as she does not intend to join. Then she is in 485 status from October 1st and can apply for a h-4 extension. But this option has to be confirmed by a $450-for-15-mins attorney. If this works, this is the simplest and cheapest option (minus the attorney fee)
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
I am pretty sure your lawyer is wrong. Many lawyers assume the same rule of H-1 to H-1 transfer applies everywhere which is not the case. A change of status is not the same as H-1 to H-1.
A H-4 to H-1 will take effect on October 1st. The surest way to not let this happen is if she has a valid H-4 visa stamp. She can get out of the country on Sep 30 and return back on Oct 02 as H-4.
The other alternative is to apply for a H-1 to H-4 status change and wait it out. This status change is not effective until approval which can take a while. Meanwhile she will be on H-1 without pay which is not good.
There may be a third choice where the employer cancels the H-1b as she does not intend to join. Then she is in 485 status from October 1st and can apply for a h-4 extension. But this option has to be confirmed by a $450-for-15-mins attorney. If this works, this is the simplest and cheapest option (minus the attorney fee)
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ashrock11
01-08 09:06 PM
Hi,
Just wanted to know how should one modify the immigration petition again after divorce and second marriage. Can the second wife name be added to 485 immediately or wait for the PD to become current? And how about EAD?
Thanks
Just wanted to know how should one modify the immigration petition again after divorce and second marriage. Can the second wife name be added to 485 immediately or wait for the PD to become current? And how about EAD?
Thanks
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dreamworld
11-07 12:44 PM
Thank you everyone for the responses.
Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.
masti_Gai is right...
Your parents should provide your address as the USA residence address while filling the form at port of entry. Sometimes the immigration officer at port of entry may call you to verify.
Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.
masti_Gai is right...
Your parents should provide your address as the USA residence address while filling the form at port of entry. Sometimes the immigration officer at port of entry may call you to verify.
indrajal
11-02 12:11 PM
Call your employer and ask him for all these documents. These are agreements between your employer and client. He should have these.
thanks for the reply sir.
i am kinda confused since i dont work for a consultant , also my company dont have a fixed client.
I work for on an in-house project which sells services online to different people. We dont go out and sell it, we dont do custom softwares, we help people in doing their paperwork and charge a little fees.
in this case who is our vendor and client. i am assuming that the employer and petitioner is my boss but i dont know who would the other two be
thanks for the reply sir.
i am kinda confused since i dont work for a consultant , also my company dont have a fixed client.
I work for on an in-house project which sells services online to different people. We dont go out and sell it, we dont do custom softwares, we help people in doing their paperwork and charge a little fees.
in this case who is our vendor and client. i am assuming that the employer and petitioner is my boss but i dont know who would the other two be
sac-r-ten
03-03 10:28 AM
Congratulations and thanks for sharing.