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  • CRAZYMONK
    05-20 09:23 AM
    GC is for future employment. So if your current employer have no problems you can just transfer your H1B to your client and start working for the client. Later when your PD is current you can add your wife.





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  • bobzibub
    10-06 05:22 PM
    I guess I wasn't shocked when I saw this story, but I have to say it depressed me. The AP reports that Derby Line, Vermont and Stanstead, Quebec, really one town that happens to straddle a border, is now installing security gates to physically separate the community.

    More... (http://blogs.ilw.com/gregsiskind/2009/10/immigration-fears-dividing-a-town-literally.html)

    Maybe they could use bits of the Berlin wall?
    Berlin Wall for Sale - Buy Pieces of the Berlin Wall (http://www.berlin-wall.net/orderform.htm)
    :D





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  • masti_Gai
    01-19 03:55 PM
    For EB2 & EB3 category people it is the Date on which Labor was filed.:)
    For EB1 category people it is the Date on which I-140 was filed.:)





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  • user1234
    08-22 03:54 PM
    Hi
    I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
    Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
    I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
    in case my H1-B gets rejected?



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  • baires
    09-02 08:40 PM
    Good info. Much appreaciated





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  • sudhakar_p_v
    06-12 11:05 AM
    Hi 485_spouse,
    I just e filed my wifes application , can we fedex the documents or does this have to be first class mail. I tried looking for this info but couldnt find any concrete answers.
    thanks



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  • validIV
    03-11 01:48 PM
    Why not petition a GC for your mother and son? You are a US citizen petitioning their parent. It should be a fast process. And your son, if born after you became a citizen, might be entitled to US citizenship. I encourage you to talk to an immigration lawyer. I'm sure you have many options available to you.





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  • anilsal
    01-14 12:10 PM
    Please meet the lawyers and get their opinion. If all of them say the same thing, then that is the option. If they have differing opinion, then check back via immigration forums.

    Most of the folks at IV have applications based on employment and not based on marriage. So you may not get good answers.



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  • suttu
    01-14 01:18 PM
    There have been cases reported in past on this forum where the PERM approval was lost in mail.

    You should ask your employer to download the PERM approval from DOL ETA website, which should be completed and signed by both you and your employer (similar to the PERM paper approval that you did not receive).

    Your lawyer should submit this form with I-140 and also request USCIS to obtain a duplicate copy of PERM approval from DOL. This may help.

    Are you porting to EB2?

    Yes i was hoping to port to EB2.

    The issue is that the lawyer says that they will follow this process of dowloading the cert and request USCIS to get a dupe, but hey say they cannot do this under premium processing and will have to file under regular I140. this adds 6 months to the process and effectively eliminates any advantage since i hope to get my EB3 485 current by that time.





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  • jain4444
    11-09 08:22 PM
    Hello,

    My spouse will be in India next week and would be going for her H1B stamping at the Mumbai consulate. She came here on H4 and we applied for her H1B, effective 10/2007, and she has been working since Jan08 and have all her paystubs from that date. Can you share your experience in terms of questions they ask and supporting documents they request in addition to the documents that we are required to carry.

    Your reply would be appreciated



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  • ivar27
    11-08 01:07 PM
    ok thanks





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  • gcisadawg
    03-24 11:02 PM
    I've heard about AC21. What is AC360 - some new USCIS provision ?
    google?



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  • aarzoo
    01-14 01:19 PM
    Yes without original PERM approval, USCIS does not accept cases for PP





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  • raysaikat
    08-14 10:51 AM
    HI,

    I received a 500$ check for apartment referral , I am planning to give the entire amount to the person who took the apartment. I was wondering if during the tax return filing I should be reporting this as an income and if yes should I be deducting the tax amount from the 500$ as I will be paying taxes on it.

    Any information is appreciated.

    Thanks,

    It is a taxable income (you got a commission for a service). However such a small change in your total household income should change your tax liability very little, and usually people would not bother to withold tax before passing it on. Also if you pass it on, that will probably fall under "gift" and will have different tax codes. For a small amount, such hassles may not be worth. Of course if you get such commissions regularly, or if it a sizable part of your total income, then you need proper calculations.



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  • cygent
    06-18 08:03 PM
    Dear Attorney,

    I request your help with the following.

    I am working for Client A on EAD through Vendor B & Company C (my W2 holder) in California. I now want to join Vendor B & work for Client A. What are the ramifications based on below?

    This is my agreement with C :-

    During the term of the assignment & for a period of 1 Year following the termination of the business/employment relationship between C & cygent, cygent will not do any of the following:

    1. Directly or indirectly call on, solicit, or take away (directly or through another entity) any of C's customers or potential customers cygent became aware of as a result of performing services for the above referenced assignment; or
    2. Directly or indirectly offer or attempt to offer (directly or through another entity) services that were offered via C for the same projects that were performed under the agreements between C & cygent, or
    3. solicit or hire away any of C's employees or contractors C became aware of as a result of performing services under agreements between cygent & C.

    cygent will be held responsible for any losses suffered by C due to violation of the terms stated in this agreement. jurisdiction is County of Alameda, California.

    Thank you & Regards,
    CYGENT





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  • same_old_guy
    10-23 05:31 PM
    Who told you that ? I am sure it wasn't any lawyer !!



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  • WeShallOvercome
    07-23 03:53 PM
    Gurus,

    My employer and lawyer won't give me the Receipt notice of my I-485 which we filed on July 2nd. My employer did not let me file my EAD/AP as well.

    Do I have any way of filing EAD/AP on my own without a copy of the receipt notice(after it is generated and sent to the lawyer)?

    Someone told me that Fingerprinting notice that we get looks just like I-485 receipt notice and has all the information in there. Can we use a copy of that notice in place of I-485 RN?

    The application instructions for I-765 mention that we need to submit "I-485 receipt notice OR any other proof that I-485 is pending"

    Any one?





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  • sreenivas11
    01-02 07:39 PM
    I am filing for Advance Parole for my wife. What documents do you suggest I submit along with the application in addition to those listed on USCIS website? What is a better option to use - e-filing or via regular mail?
    She plans to travel around last week of February. Is there a way to expedite processing of the AP document? Do I need to buy an airline ticket for her in advance to show the urgency of AP?
    Response will be greatly appreciated!

    1.485 Copy
    2.Previous copy of AP
    3.Two Photos
    4.Confirmation copy (If you E-Filed)





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  • h1techSlave
    09-24 03:55 PM
    No more visa until Oct 1st. So what is the big deal?

    No More Visa Numbers Until October 1, 2010 - Department of State
    The Department of State issued a letter to Section 245 Adjudications indicating that as of September 16, 2010, visas for FY2010 were no longer available for all family cases and for certain employment based cases (EB-2, EB-3, other workers, EB-4, and certain religious workers). FY2011 numbers will be available on October 1, 2010.

    Source: US Immigration Law Blog - by Ashwin Sharma, Esq.: No More Visa Numbers Until October 1, 2010 - Department of State (http://ashwinsharma.com/2010/09/24/no-more-visa-numbers-until-october-1-2010--department-of-state.aspx)





    hari-patti
    10-11 09:41 AM
    HI Folks

    The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.

    Is that true?????

    Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.

    Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??

    thanks





    gcformeornot
    06-16 03:07 PM
    ___________



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