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  • martinvisalaw
    04-26 04:25 PM
    I agree with the posters who say that the employer is probably trying to frighten you. It is very difficult to restrict a person's right to work wherever they want - or to restrict an employer hiring whoever they want - especially in Texas. However, it is not really an immigration question. You or, ideally the client company, should see an employment lawyer here in Texas.




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  • sheela
    09-23 09:39 AM
    Gurus,

    Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:

    1) Is that o.k having copies only or we should have originals? If we do not
    have originals what bad may happen?

    2) Either my lawyer or I have not received any of my receipts but we
    received all receipts of my family. Is this normal? How long should we wait
    for my receipts before contacting USCIS? By the way USCIS already gave
    me my all numbers for teh receipts and according to USCIS my receipts
    already mailed on Sept 14th. What would be advisable action for me in
    this case?

    3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?

    Thanks.

    - BharatPremi
    1) For our point of view, only RN number should be okay-this gives us liverage to track and see updates on your filings. Frankly, I never bothered even that as I received FP notices before RN from attorney and FP notices carry RN numbers.

    2) Question is should we send the 'Stamped Original FP notice' after finger printing to attorney instead of copies? (As this is a kind of document with proof of FP having done and this is our copy). My attorney asked me for original FP notices -stamped by FBI after FP-I would rather send copies and keep original with me.
    Please, let me your thoughts on this
    thanks




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  • ksircar
    06-11 11:55 AM
    I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don’t be ignorant and its your right to ask the question don’t be a dumb crowd but ask questions.
    I am too in the same GC queue with I140 and I485 filed and pending, so don’t count me as anti – immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
    :mad:

    You are right ... the core team is possibly working for their own benefits (and that also within closed doors). Just remeber the core group (only 10/12 people) are not the only persons affected by backlog and retrogression. So even if they work for their own benefits, that will indirectly benefit people like you and me. Instead of screwing the core group, why don't you ask them how you may offer your service to IV.




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  • amsgc
    05-07 10:12 PM
    I wish the USCIS took this out as a requirement for AC21. Then life would be sweet!


    from AC21 memo issued on December 27, 2005

    Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
    Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.

    So find a new job before I-485 is approved.



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  • CCC
    07-05 06:33 PM
    First off, thanks for the response guys.

    So how do i get the copy of the I-140 from the company. Is it my legal right to get this or do i have to beg :) ? Also, company B is a startup and they are willing to file a new Perm application. Is there a big risk of Perm applications being reject from these type of small startup companies?




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  • schandwani
    08-15 08:32 AM
    oye chappan... ever been to indore?
    there is a small shops complex there called chappan dukaan... very famous hangout place for all indorians... just remembered :)

    ya specially rambabu ke paranthe , and johnny ka hotdog ..,..



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  • RDB
    07-12 09:31 PM
    I e-filed EAD in June 2009 and the case is at NSC.....they did sent me some notice on Friday - which I am yet to receive - not sure if it is going to be a FP notice or request for evidence.




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  • viper673
    06-07 11:03 AM
    I got an RFE letter yesterday asking me to provide 1040 and W-2's from 1999.

    I will be digging in my papers and boxes to see if I still have copies of my 1999 and 2000 returns.

    The IRS does not keep records of 1040's for more than 7 years and when I called them they said they don't think they'll have a record of 1999.

    I'm hoping that I will find my 1999 return, but what if I don't? Has anybody here been asked to provide returns going that far? especially for an Employment-based application?

    The funny thing is that in 1999 and 2000 I was on an F1 visa as a student and I did have a graduate assistantship. I started employment in 2001.

    I feel like the officer is trying to make it extremely hard for me to get my status adjusted....

    PS: I received this RFE after the fact that I went for an interview at the local office and was told that "all my paper work is good and I should receive my card in the mail once the security check was cleared"; which I verified it was cleared a few days after the interview..



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  • permfiling
    01-18 09:08 PM
    All the written agreements are valid in most of the states. but you can argue on the terms of agreement. He cannot ask her to stay in the company for 4 years. If she works in that company for 1 year, her employer should recover all the money he spent on her.
    The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.

    Thanks Chris but if it gets dirty then what kind of lawyers deal with these type of cases




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  • espoir
    06-20 11:58 PM
    I think if PD remains current and continues to be current after october, then the I-485s are processed and approved as per the receipt date(RD). So your RD matters if everything continues to be current. If they retrogress, then I-485s are still processed as per I-485 RD, regardless of PD, but if the that PD is not current, then it it will be "placed in suspense" until such PD will become current.
    I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
    The above is just my theory. I could be totally off, so don't come to any conclusions.



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  • anurakt
    01-20 09:29 AM
    Please join the orkut immigrationvoice group. This would be another way of reaching each other when time comes.

    Also I request if you are member/owner of communities then please send message to your groups about www.immigrationvoice.org.... It can be a small message but very effective to reach wide audience.




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  • raj2007
    02-18 10:32 PM
    Unfortunately, we won't be able to do anything in your wife's matter. The people you are referring to as the ones whose cases got accepted are the ones with bounced checks. There is a difference between the manner in which USCIS treats cases with bounced checks and cases where checks are missing, are in an incorrect amount, there is a mismatch between words and figures in the check, check is not dated, check is not signed, etc.

    In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.

    In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.

    For this reason, I advised you to wait until the PD for your category become current again.


    I see no harm to take infopass and explain your situation in person.



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  • nixstor
    02-23 10:48 AM
    H1B's are Resident aliens for tax purposes. USCIS and IRS use different terms.




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    07-11 08:03 AM
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  • moonrah
    08-27 02:39 PM
    that means there is backlog of audited cased in atlanta..now they have created backlog for labor also..




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  • gc_check
    01-19 09:06 PM
    Every other year, there is election and only this damn. election drives what is done and what is not done in congress year after year. The good old time, bills are passed that are important and good for the general people and this some times was not popular, but now only the issues popular are are being taken and rather than voting on what is good, the law makers tend to go with what people like, and people's likes and dislikes keep changing and the same change work against them sometimes. Also people on one area does not like what is liked in other area and when we have a product that contains both, well the same people now unite and start to not like the final product and this goes on ..... It is same CHANGE that President Obama mentions too often, but the same change is Now liked by Republicans, and Dems did not like the change this time around. Also with the communication revolutions, the election campaign seems to have become much much long.... And Oh !! Well... now our President apart from Health Care Reform, Immigration Reform and climate change issue, also need to work on his re-election from now on, if he doesn't want the change he loves some much, in White House in 2012 election... HOPE - at least people in this group, see CHANGE for better, CHANGE from AOS to LPR .... Now, let us see what will this loss of filibuster majority by Dems do in the interim.... Only time can tell. Change we can believe in !!!



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  • thomachan72
    06-18 07:25 AM
    But for filing the 485 (US green cared last stage) you need to be physically present within the US and it will be difficult to comute across the border at this stage. This is a very complicated issue and you can never predict the outcome. However, apply both and stay in canada now. Try to complete the 2 year requirement in canada and then you can move back to the US and file the 485. Another thing I heard is if a canadian company hires you and places you in a US location, you can stay in the US and claim years of residence towards the canadian PR, because you are being paid in canada (something like that). If that works then at the same time your LC can be done here. then if dates are current 140 and 485 filed concurrently.
    Anyway lot of us might be thinking about this approach and lets wait for more replies and more clarity.




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  • gconmymind
    06-02 01:09 PM
    If you use your EAD, your wife will need to maintain her own status like L1, H1, F1, etc. There is no dependent status on EAD (like H4 for H1).




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  • simple1
    09-13 12:25 PM
    Let's not fool ourselves with these petty differences.

    Cheers!


    Healthcare debate is a good indicator of what is coming next... fasten your seat belts and be ready!


    I agree, health care reform discussion is a good indicator of the intensity of CIR discussion. We need to be ready.




    GCapplicant
    10-12 04:04 PM
    I am also from NJ-I have to get FP from HAckensack-NJ thats my nearest .

    When we called USCIS she said its delay because of traffic in ASC in our location.So they have to correspond with them,when ever they get a reminder in their system.
    So as of now they havnt mailed...waiting for FP.
    I hope the process does not delay further beacuse of this FP...I wish they do fast.
    I just wonder NJ is a populated area and they have only two ASC...one in newark and another in Hackensack.I hope it doesnt take months for this FP.

    Does name check start after FP?



    My ND is Sep/11.




    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



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