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  • desi3933
    06-25 09:46 AM
    As long as she is not drawing a Salary, she is fine. She can continue to manage the business.


    This is not correct.

    Managing the business comes under employment authorization whether or not salary is drawn by the owner.



    _________________
    Not a legal advice.





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  • sreedhar
    08-22 01:35 PM
    Hello Guys...,

    I applied My and My Spouse EAD on July 12, 2008 and Notice date July 15, 2008 and we both got our EADs approvals on Aug 08, 2008 and we did receieved 2 Years EADS on Aug 19, 2008. I am EB-3 I PD SEP-2004.

    -Sree





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  • pappu
    03-06 11:51 AM
    Dear members,

    If you have received letters from USCIS asking for $5K for your FOIA request, Please fax a copy of that letter to Immigration Voice.

    We want to collect those letters and proceed with some big effort on this issue. It is thus important that we have lots of such letters from members.

    Please note the fax number

    Fax : (202) 403-3853

    or email the scanned copy to info at immigrationvoice.org

    Time is short and we need letters in the next couple of days if possible.





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  • meyshimmi
    02-09 11:07 PM
    Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).

    So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )

    Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)



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  • Sakthisagar
    06-11 11:35 AM
    Having a "current" priority date, however, does not assure that a case will be adjudicated. The CIS, despite policy pronouncements to the contrary, clearly does not process cases on a "first in, first out" basis. Indeed, there does not appear to be any rational basis for their case selection scheme. The CIS Ombudsman has accused them of "picking the low hanging fruit" - meaning that they take "easy" cases in preference to "harder" cases, no matter when filed.

    Applicants should not reasonably expect the CIS to adjudicate their pending adjustment of status applications shortly after their priority dates become current. Understand that when your priority date becomes current, that is just the start of the fight. You need to initiate vigorous inquiries through the CIS Ombudsman's office, the office of one of your Senators or your Congressman, and your own written inquiries and InfoPass appointment inquiries. Do not sit back and assume that they will do the right thing. Get on them and stay on them until your case is adjudicated.

    Most important of all, do not simply assume that when your priority date becomes current, your case will be approved.





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  • chanduv23
    10-09 10:35 AM
    ^^^^^^^^^^^^



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  • jayleno
    02-01 04:28 PM
    Kumar...if you are joking please put a smiley either before or after you exclamations. Tell me if you are not...I will join right away :). Who in the world doesn't want to become a "star quickly"?? :)

    Start doing AmWay or QuickStar. That is the best thing a person can do !!!!!!





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  • ha002
    06-15 06:05 PM
    I am on F1 -OPT and my husband wants to apply for EAD...we are totally confused..i ma talking to my present compnay lawyers and my husbands compnay lawyers, they said it should be OK.... But i am not convinced.... they say there is alwys arisk involved..but it is a chance that we have to take.... i will keep you posted when i make a decision..lot of my frinds are in teh same position..so will tell you about otehr facts which i come across



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  • riva2005
    03-16 03:40 PM
    Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?

    If your wife is using EAD based on a 485 that was filed as your dependent, then her 485 and her EAD will be lost if you withdraw her 485. I dont think you need to get a divorce for that. However, I think if you get her 485 withdrawn, then something tells me that your divorce process will accelerate.

    If she is not using the EAD that came out of 485 filed with your 485, and if she is using H1 that is getting extended based on her own separate labor/GC process, then she may be unaffected by whatever you do - divorce her, withdraw her 485, or do both.

    Also, if you divorce her, then there is no way that the 485 that was filed along with your 485 will be useful. That dependent 485 is no good to her if you are divorced.

    I think your whole mixing of immigration and marital situation is complicating things. If you want to get divorced, get divorced. There is going to be enough pain on both sides during and after the divorce. Dont add to your work by engaging immigration issues with it.

    Also, in most states, in order get a divorce, you have to have lived in that state for minimum of 6 months. And you need to wait 90 - 180 days between filing for divorce and actually getting that divorce. If there are custody battles, battles over property, money then it could be longer. If you own a house, then the house may be considered marital property and she and you would have equal right to the equity in the house, even if its only your name on the title and even if you are the only one making payments. It , of course, depends on your state. In some states, if the house is in your name, then its yours even if you are married.

    Even amicable divorces are messy, painful and tiring. So if you have time and energy after going thru all that, then you may think about screwing your spouse out of immigration benefits that she got by being married to you.

    By the way, no one can stop or "HOLD UP" your divorce. If you want to start the divorce process, you can start it at any time. I dont think any state allows one spouse to "HOLD UP" divorce if the other one wants to get out of a marriage. It can be prolonged by fighting over money, custody, visitation rights etc. But to start the process, you have to file a petition in your county and get your spouse "served" the petition.





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  • Munna Bhai
    07-27 01:02 PM
    The correct answer would be differed on the basis of your current status.
    Are you currently H1 holder or H4 holder?

    what H1 and H4 has to do? Once you start using EAD..your current status has no impact. On EAD, you can do multiple jobs but similiar description.

    -M



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  • Mayday
    04-05 11:00 AM
    If I leave US now, will I be banned 3 years to enter, even though my H1-B and I-94 now have all valid dates?

    I doubt they will find out your were out of status at border - as they must only check current I-94 and they have troubles finding all your I-94s or even any I-94s you have if you do not have them with you. So I am pretty sure they will only check the latest one you have in your hand (though I am not border patrol officer but I have gone through the procedure of looking-up my status at border control checkpoint inside USA).

    But green card application process requires to look through all your history and this is when it will be brought up. You need a better attorney on this question then your current attorney is. I guess it would be a good idea to exclude this period somehow from green card application by applying later or a good lawyer might be able to appeal to some regulations that could resolve it as it was not entirely your fault, since I-94 does not have to match passport validity dates and so it was border patrol officer mistake at first.





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  • desibechara
    06-19 04:42 PM
    My HR called DBEC to get the final status of LC. They replied that "notice of forward" had been issued and since there is no query from that position. They have asked my Hr to call in 15 days to hear the final status.

    Have you guys heard anything like "notice of forward"( it was something like this)...

    These LC people in dallas are killing me..!


    DB



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  • ashirwadb
    10-07 03:52 PM
    You'd have to wait for PD to become current to add spouse.

    Furthermore, if you get married before I-485 is approved, spouse may be added once PD becomes current, even though by then you have your GC.





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  • gemini23
    07-27 08:34 AM
    Can someone with a EAD be in US without a job (say for 1-2 months). Would he be out of status. Will he have any problemsin renewing ead?



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  • raysaikat
    10-19 06:05 AM
    Dear friends,

    I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.

    I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.

    Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.


    Since you do not have H1-B status, you cannot start working unless you actually receive I-797 (i.e., H1-B approval) and I-94 form. The hospital that wanted you to start working immediately might not know that you do not have H1-B status, or the staff may not understand how the immigration status works.

    The premium processing only guarantees that you give get a decision on your case in 2 weeks; i.e., if approved, you will get an I-797. USCIS may attach I-94 to the I-797 in which case you do not need to go out of the country before you can start working. However, my guess would be that I-797 would not have an I-94 attached. In that case, you need to go out of the country, apply for and obtain the H1-B visa (i.e., the visa stamp on your passport) and re-enter US (at which time you will get your I-94).


    Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.

    And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John





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  • Al6200
    04-24 07:00 PM
    DirectX/OpenGL can be used in a windowed environment, so even if you just want to do Win32 stuff DirectX can enhance it.



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  • pt326bc
    10-02 03:54 PM
    r u telling me that other company can apply for perm and I dont have to work for them? is it really possible? i always thought that you have be h1 for the company and then only they can apply for your perm. can a company apply for perm without transfering h1?
    thanks
    That's the fundamental idea behind the green card process; Green Card is for a "future job".
    There is no legal requirement that you have to be employed by a firm at the time the green card process is initiated (Labor Certification).
    There is also no legal requirement you even be in US (ever) before the process is initiated.
    The only legal requirement is that you work for the employer for some time (a few months is what the general consensus of lawyers seems to be) AFTER you receive your green card.
    Regards.





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  • Maverick_2008
    07-20 04:23 AM
    Stayed in the US for a dozen years, got my masters, worked at a Fortune 10 company for several years, finished my 40 social security credits, always thought about coming back home (India), did actually come back to India 1.5+ years ago, left all uncertainties about the US immigration process behind, accepted a good job (big fish, not-so-small pond in my hometown) and accepted India as it is.

    So, for those who have been waiting patiently for their papers and want to settle in the US, all the very best.

    For those, who want to come back to India to their friends and family, India *is* still !ncredible.

    Maverick_08





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  • tomytoota786
    04-05 07:34 AM
    You should apply neither Fiance visa (K1) or Tourist visa (B2) I guess that is the best and fastest way as far as I know.





    ABCDEFG-balu
    08-19 12:48 PM
    I also got FP notince for I-485 and I am july 2007 filer , So it is not after 15 months time frame rule. I filed EAD extesion and got EAD too.:)





    TO BE OR NO TO BE
    05-18 12:14 PM
    Great work IV core team! EB immigration will be benefited by the work done by IV core team sooner or later. Keep it up!!

    One will wonder that Indian Government will do something as the India and her economy are benefited by EB immigration big time in last decade. In the global economy the overseas workers are the greatest strength India has and as usual they are completely ignoring the problems faced by EB immigrants in the USA.

    Just a thought,