Wednesday, June 8, 2011

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  • GCHope2011
    09-17 11:19 AM
    Talked to a lawyer, essentially everyone is right.

    On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.

    The clock for illegal stay starts when 140 is denied.

    This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.

    gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
    Thanks for taking time to provide a closure to this topic for everyone's benefit.

    And wish you the very best for your next steps.





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  • ivar
    04-10 09:40 AM
    All the best pal....welcome to the club !:rolleyes:

    Now that i am a part of this immigration struggle once again, i will make a small donation to IV.





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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





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  • bharol
    08-15 01:29 AM
    I have now created public spreadsheet for the status of the people on this forum. You do not even have to login to be able to edit it. The url is as follows:

    http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&hl=en

    I may have missed some people, so please double check and add yourself. Please make sure that the date format is the same as existent so that it becomes consistent and easy to slice , dice and research. Please do not sort the data. We will sort it later on. If you sort it, the title row is also sorted plus there is too much of sorting while people are editing.

    How to add an enty?
    it does not let me.



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  • amitga
    08-27 01:22 PM
    Had the visit. Went very pleasant but fruitless. Officer told me all checks except "background" check had been done. Beyond this, she refrained from making any usefull remark.:rolleyes:

    BTW: It's a nice big and open facility!

    How long you had to wait?
    Where is the office located in Detroit?





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  • gc_check
    01-06 10:15 AM
    VISA BULLETIN JAN 2010
    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?

    Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:

    Employment Second:
    China: July through October 2005
    India: February through early March 2005

    If Section 202(a)(5)were to apply:
    China and India: October through December 2005

    Employment Third:

    Worldwide: April through August 2005
    China: June through September 2003
    India: January through February 2002
    Mexico: January through June 2004
    Philippines: April through August 2005

    Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.



    The above quote is from Jan 2010 VB (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4597.html). Unless there is any congressional action, no significant movement in cut-off date is expected. The whole prediction game does not push the dates any further :mad: Hope some thing works out or happens through CIR at least this year.



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  • dontcareaboutGC
    08-20 02:53 PM
    I spoke to the US mission- they dont have information yet about the process change for people who want to take appointments after 1st of Sept.

    However people who have already taken appointments prior to Sept 1 are not subject to any change. They need to show up with a reciept the day of the interview as before.

    Hope this helps.





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  • gc genie
    12-30 09:04 AM
    Can I apply for H1 B extension on my own or does it have to go through an immigrtion attorney?

    I will be applying for 7th yr H1 based on an ongoing GC process. I 140 approved . I 485 pending.

    Is this process any different from normal H1B application ( the first 6 years)

    Thanks



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  • va_labor2002
    09-25 03:12 PM
    I see no harm in contacting him; but your excitement about Chandrasekharan seems curious to me. When people who have themselves immigrated from India (who now have GC/citizenship) are so indifferent about us, how can you expect a second generation indian journalist to "understand" our problems ? He does not seem to have done any articles on immigration; so there is no objective way for us to say whether he is really sympathetic to us or not.

    Remember that even anti-immigration organizations like numbersUSA have lots of members who are immigrants themselves or have immigrant parents.

    I totally agree with you. But there is no harm in trying with him.He may be or may not be sympathetic to us.We don't know that ! He sees to be a smart journalist. If he is nice and sympathetic to legal immigrants,you may see a front page article about legal immigrants in Washington Post. Hope for the Best !





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  • sc3
    10-08 01:11 PM
    yes, i have unexpired visa. I was wondering if I need visitor visa to go to Mexico and have a new I-94 at port of entry.

    Do you need Mexican visa? Depends on the passport you hold, I believe nationals of some countries dont need the visa. There is one online blog by an Indian who went without the visa (to a bordering city), even though India does not have visa exemption -- he says that the visa is not strictly enforced.



    The blog also states that you can ask for I94 at the port of entry. Please google for the blog.


    Edit: This is the blog http://tijuanatrip.blogspot.com/



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  • paskal
    05-30 08:46 PM
    ramus

    how do i know whether the webfax i sent went only to my state or to all senators with the new method? when did the system change?





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  • zoooom
    07-17 06:01 PM
    All,

    I just made a payment for IV. I stongly believe now it's our turn to help IV. I don't want to talk more about this but if you think you got any benifit because of IV please make your contribution. That's the truthful way of saying 'THANKS'
    Agreed...Guys lets contribute for a great cause.



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  • chanduv23
    03-08 08:30 PM
    Do the stastics actually show spilled over numbers? ie if EB1 India has depleted 3K visas, does it mean upto 3K were used because they got spilled to Eb2 and Eb3?





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  • rbalaji5
    11-17 10:46 AM
    Hi -

    If we go to mexico by road, do they take my i-94 at the U.S border and issue a new i-94 while coming back?.

    I knew lot of IV members went to mexica for H1 stamping.. Please advise.

    Thanks.



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  • go_guy123
    10-05 03:06 PM
    Very good list of people in IV board...it will help to bring visibility.

    I can understand CIR is held up/hostage etc, but once CIR is abandoned, and piecemeal
    strategy comes, IV does need greater visibility against competing lobbies like foreign nurse, etc.





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  • Lisap
    09-12 05:27 PM
    same situation...

    sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
    pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!

    Just hang in there you will have your receipts soon!!



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  • Lasantha
    03-17 01:47 PM
    Good luck with that. It didn't work for me either. The Doctor's office did not even accept my insurance in the first place evn though they were in my network, I don't know why but they gave some weird excuse. I was in no mood to argue and was eager to get the medicals done so I just paid up hoping to get it reimbursed but did not see a penny from the insurance co.

    did anyone get reimbursed for the medical exams - physicals and vaccinations?
    i am having a hard time getting my provider submit the claims to the insurance company.





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  • needhelp!
    01-28 05:34 PM
    How can we be sure unless we ask them?

    Deepak Chopra is a medical doctor, so pretty sure he would have used EB immigration.. you think he was family based?

    Sabeer Bhatia is from BITS.. he studied here.. so I guess that would have been F1 first then started working here.

    I am not sure if Deepak Chopra and other above are EB immigrants. I was asking for examples of people from EB immigrants community.
    Thanks.





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  • pd052009
    01-03 10:41 AM
    As this bill hurts big corporations, the govt may try something like this. But I sincerely doubt "Indian" Govt will seriously do something for this.





    freedom2007
    10-22 04:26 PM
    Yup completely agree with Frostrated..
    Me too in Same situation had Masters degree but in 2003 we thought Category wont matter much as dates were current..Hmm look what it got us into now for EB3's





    s_r_e_e
    10-28 10:01 AM
    see signature



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