axp817
02-03 01:49 PM
Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
wallpaper Dancers is a lack and white
rolrblade
07-27 02:22 PM
I have a question, my attorney says that he has filed the application on 2nd July without my signature.
I have not given any authorization also.
I am worried if it is valid or not.
I don't know if they take authorization from my employer or it should be from me.
Please suggest.
Did he put a G-28 - Attorney representation form with it. If yes, then you are fine.
I have not given any authorization also.
I am worried if it is valid or not.
I don't know if they take authorization from my employer or it should be from me.
Please suggest.
Did he put a G-28 - Attorney representation form with it. If yes, then you are fine.
maine_gc
02-01 12:48 PM
Thank you all.
PD is Nov 2004 - EB2
PD is Nov 2004 - EB2
2011 Ballet in Black amp; White by
ashwin_27
04-08 04:16 PM
Probably a bit of both.
What is disappionting is that this was what was proposed as "significant" and "much more than expected" due to EB1 spillover. which leads me to think how exactly do we interpret such statements in the future??. Clearly the agency was measuring timeline in hours or days whereas all our forums and blogs measured it in months or years!!!
Movement to Mid-2007 or post july 2007 has to wait for a long time.
Not sure...since we are all talking about 12K and only 2 months movement. Are they cautious or we are all missing something?
What is disappionting is that this was what was proposed as "significant" and "much more than expected" due to EB1 spillover. which leads me to think how exactly do we interpret such statements in the future??. Clearly the agency was measuring timeline in hours or days whereas all our forums and blogs measured it in months or years!!!
Movement to Mid-2007 or post july 2007 has to wait for a long time.
Not sure...since we are all talking about 12K and only 2 months movement. Are they cautious or we are all missing something?
more...
IndiaNJ
08-26 01:32 PM
My wife recieved an RFE on her 485, as one of the questions on Page 3 of the 485 was not answered and Page 4 was missing.
I am not sure how the Page 4 got lost..:confused:
I am not sure how the Page 4 got lost..:confused:
GCard_Dream
01-31 01:09 PM
Hmmm.. I wonder if that's really the case. H1B extensions past 6 years is only allowed if the petitioner :
1. has a approved labor and 365 days have passed. OR
2. has a approved I-140
Now if the underlying I-140 is revoked which was the basis for the H1B extension then I would think that H1B itself would be invalid. However, if that's not the case and USCIS doesn't invalidate the H1B then it's really great. The only other remaining issue I can see is how do you further extend your H1B after the current on expires because you won't have a approved 140 to support it. Are you just out of luck?
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
1. has a approved labor and 365 days have passed. OR
2. has a approved I-140
Now if the underlying I-140 is revoked which was the basis for the H1B extension then I would think that H1B itself would be invalid. However, if that's not the case and USCIS doesn't invalidate the H1B then it's really great. The only other remaining issue I can see is how do you further extend your H1B after the current on expires because you won't have a approved 140 to support it. Are you just out of luck?
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
more...
johnamit
07-17 02:55 PM
opening new threads like this is annoying, I see lots of useless thread around here which discourages me to come to IV that often. He is asking update from CORE like they owe him, he must have paid his attorney and should attorney in such way not here. Whenever core has something to share they do share, no doubts.
2010 allet - lack and white
GC_1000Watt
01-23 12:07 AM
Hi,
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
My situation was same. Upon getting denial notice me and my employer talked to Murthy and on there suggestion we filed a fresh extension petition with all documents. We filed under premium processing and I got approved H1B with I-94 in 10 days.
I suggest you to consult with a highly recognized immigration lawyer and based on your denial reasons act accordingly.
You can also appeal against denial, but then you can't work and there is no premium processing in appeal. You might have to wait for many a days.
Consulting with a lawyer will help you my friend. Good luck.
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
My situation was same. Upon getting denial notice me and my employer talked to Murthy and on there suggestion we filed a fresh extension petition with all documents. We filed under premium processing and I got approved H1B with I-94 in 10 days.
I suggest you to consult with a highly recognized immigration lawyer and based on your denial reasons act accordingly.
You can also appeal against denial, but then you can't work and there is no premium processing in appeal. You might have to wait for many a days.
Consulting with a lawyer will help you my friend. Good luck.
more...
![black and white ballet photography. [as-shot] [lack and white]](http://photography.ryangallagher.name/images/20070218234713_dance_of_the_snow_queen.jpg "[as-shot] [lack and white]")
pd_recapturing
08-22 05:07 PM
I sent u another PM, pls respond whenever u get a chance.
hair Association: Black and white
immi_seeker
10-05 12:29 AM
Based on current estimates, it will be 10-15 years time, unless u r son/daughter can sponsor you prior... u will end up in family quota wait still.
I am not sarcastic this is the reality,
May be there wil be a big queue for that also at that time
I am not sarcastic this is the reality,
May be there wil be a big queue for that also at that time
more...
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.
hot tags: allet girl child lack
Eternal_Hope
02-08 08:56 PM
It would be helpful to everyone if all of you could also report the USD equivalent of the figures you are mentioning. Assume 1USD = Rs. 50 for simplicity. This would help the people who just skim the threads for information.
more...
house allet photography,
kminkeller
03-09 03:54 PM
Thanks Radhagd:
Is it necessary to do consular processing. PD for EB2 for my country is current. Also, can we premium process my LABOR and I140 now a days?
Thanks.
Is it necessary to do consular processing. PD for EB2 for my country is current. Also, can we premium process my LABOR and I140 now a days?
Thanks.
tattoo Photo toned to lack-and-white
adobe howm
09-23 11:50 AM
09/22/2008: USCIS Ombudsman Assistance Available for EAD Delay Cases
If your EAD applications are pending more than 90 days and you need ombudsman's assistance, the following steps should be take:
Step 1: Call USCIS National Customer Service Center (NCSC) at 1-(800) 375-5283 and record the time/date of the call and the name/number of the customer service representative: Explain to the customer service representative that your EAD has been pending more than 90 days and ask for a �service request.� You should receive a response to your service request within a week.
OR Ask the customer service representative to request an interim card for you. You should receive an EAD or response within a week.
Step 2: If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office on www.infopass.uscis.gov. At the appointment, ask to apply for an interim EAD. Note that USCIS local offices no longer issue interim EADs. The local office can review your case and determine eligibility. The local office will forward your request to the USCIS service centers. You should receive an EAD or response within a week.
Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, please email the ombudsman's office at cisombudsman.publicaffairs@dhs.gov with the details of your efforts. Please include the date and time of your call to the NCSC and the name of the customer service representative. If you visited a USCIS office, please provide that information. The office will look into your case and review how we may be of assistance.
Source: www.immigration-law.com
Thanks for the effort. this indeed reaches where it suppose to be - helping someone with similar need. appreciated. not sure how to give you my green though.
If your EAD applications are pending more than 90 days and you need ombudsman's assistance, the following steps should be take:
Step 1: Call USCIS National Customer Service Center (NCSC) at 1-(800) 375-5283 and record the time/date of the call and the name/number of the customer service representative: Explain to the customer service representative that your EAD has been pending more than 90 days and ask for a �service request.� You should receive a response to your service request within a week.
OR Ask the customer service representative to request an interim card for you. You should receive an EAD or response within a week.
Step 2: If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office on www.infopass.uscis.gov. At the appointment, ask to apply for an interim EAD. Note that USCIS local offices no longer issue interim EADs. The local office can review your case and determine eligibility. The local office will forward your request to the USCIS service centers. You should receive an EAD or response within a week.
Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, please email the ombudsman's office at cisombudsman.publicaffairs@dhs.gov with the details of your efforts. Please include the date and time of your call to the NCSC and the name of the customer service representative. If you visited a USCIS office, please provide that information. The office will look into your case and review how we may be of assistance.
Source: www.immigration-law.com
Thanks for the effort. this indeed reaches where it suppose to be - helping someone with similar need. appreciated. not sure how to give you my green though.
more...
pictures and White Ballet Photos
sr123
02-15 10:43 AM
There are 2 kinds of posts...(1) Which add value to the forum. Threads started for 401K, selecting a lawyer etc add value since they attract new members. (2) The second kind of posts are the ones initiated by people who want to ask questions. This questions tend to be serving individuals.
I think we should not restrict the first type of posts. There could some kind of charge on the second kind. One suggestion which may work is as follows
1. Only paying members can initiate threads(or may be allow the first few for free ). Exceptions can be permitted by admins who can review if a post could be useful.
2. Anyone can post answers to existing threads.
By the way I am not sure of the technical aspect of the website operations. So please bear with me if my post reflects the same.
I think we should not restrict the first type of posts. There could some kind of charge on the second kind. One suggestion which may work is as follows
1. Only paying members can initiate threads(or may be allow the first few for free ). Exceptions can be permitted by admins who can review if a post could be useful.
2. Anyone can post answers to existing threads.
By the way I am not sure of the technical aspect of the website operations. So please bear with me if my post reflects the same.
dresses Photographer: Klaus
mita
08-20 12:46 PM
I just called USCIS and according to the person I spoke with, it takes approximately 30 days from the date of approval of primary applicant for approval of dependents.
more...
makeup [as-shot] [lack and white]
kevinkris
11-17 02:12 PM
Since you applied for H1 extension it means that you are out of parolee status
and on H1 again.
Get visa stamping next time when you go for home country and come on H1 instead of using AP.
Use AP only if GC is approved when you are outside of country..
I think it's little risk if AP is approved and you are outside of country and wants to use it. They prohibit sending AP on postal mail.
All,
Any help in answering my queries is appreciated.
Thanks
and on H1 again.
Get visa stamping next time when you go for home country and come on H1 instead of using AP.
Use AP only if GC is approved when you are outside of country..
I think it's little risk if AP is approved and you are outside of country and wants to use it. They prohibit sending AP on postal mail.
All,
Any help in answering my queries is appreciated.
Thanks
girlfriend 04/allet,beauty,lack,and
Vet04
12-08 12:39 AM
?
hairstyles BALLET PHOTOGRAPHY BLACK AND
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
meridiani.planum
04-21 05:09 PM
Hi,
I am working in US on L1 and my company would start my green card filling in next few months.
I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.
But many of my friends told me that green card processing is faster on L1.
I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.
Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?
Thanks in advance.
~Greeta
GC in L1 is not faster than H1. Its just that L1-As are typically multinational managers who qualify for EB1, and H1s typically are engineers/worker-bees who qualify for the longer EB2/EB3 Process. So first find out what your category is going to be, EB1 or one of the other two.
If you qualify for EB1, your GC process will be fast (~6 months), if its EB2 or EB3, hunker down for a long (5?10 years?) wait. This is irrespective of whether you are in L1 Or H1.
advantages of H1
- can be extended indefinately past 6 years in 1-3 year increments; once you have a GC going (LC >365 days old or I-140 approved).
- can change employers in the US.
advantages of L1
- if your spouse is on L2, he/she can get an EAD and work.
so main issues with your current status of L1:
- If you have not filed your 485 within your L1 time, you need to change status to something else or return to home country. You cant get the extensions that you can get with H1.
- if you lose your job, if you already had an H1 In the past you can move to that status, otherwise you need to go to home country and then get lucky in next years lottery.
- there are no salary restrictions, so the employer can potentially legally underpay you. With H1 you must atleast be paid the prevailing wage.
So unless you have a spouse that is currently on an L2-EAD, I would think moving to H1 makes more sense. (time in L1 counts agianst your time for H1 and vice-versa)
I am working in US on L1 and my company would start my green card filling in next few months.
I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.
But many of my friends told me that green card processing is faster on L1.
I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.
Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?
Thanks in advance.
~Greeta
GC in L1 is not faster than H1. Its just that L1-As are typically multinational managers who qualify for EB1, and H1s typically are engineers/worker-bees who qualify for the longer EB2/EB3 Process. So first find out what your category is going to be, EB1 or one of the other two.
If you qualify for EB1, your GC process will be fast (~6 months), if its EB2 or EB3, hunker down for a long (5?10 years?) wait. This is irrespective of whether you are in L1 Or H1.
advantages of H1
- can be extended indefinately past 6 years in 1-3 year increments; once you have a GC going (LC >365 days old or I-140 approved).
- can change employers in the US.
advantages of L1
- if your spouse is on L2, he/she can get an EAD and work.
so main issues with your current status of L1:
- If you have not filed your 485 within your L1 time, you need to change status to something else or return to home country. You cant get the extensions that you can get with H1.
- if you lose your job, if you already had an H1 In the past you can move to that status, otherwise you need to go to home country and then get lucky in next years lottery.
- there are no salary restrictions, so the employer can potentially legally underpay you. With H1 you must atleast be paid the prevailing wage.
So unless you have a spouse that is currently on an L2-EAD, I would think moving to H1 makes more sense. (time in L1 counts agianst your time for H1 and vice-versa)
onemorecame
08-21 04:14 PM
There were twobiometrics. One was with initial application (probably Nov/Dec 2005) and another was in May 2007 when the first one expired (FP is valid for 15 months).
are you in EB2?
are you in EB2?
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