jayleno
01-08 02:40 PM
One more new option. As a successful business person, why not go for the investor visa EB5?
By the way what kind of business is it? Sorry...I guess its none of my business...or I should mind my own business instead of giving lame suggestions.
Hi, this is my situation:
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
By the way what kind of business is it? Sorry...I guess its none of my business...or I should mind my own business instead of giving lame suggestions.
Hi, this is my situation:
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
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inskrish
10-21 10:47 PM
Friends, can someone help answer a few questions for considering filed I-485 and adding spouse at the later. I am planning to get married in the January or february time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is Oct 06 with approved EAD and I 485 pending. I have some specific questions in case my priority date becomes current. My question is -
1. Can I travel and enter on my H1 even if my AP is approved/pending?
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.
Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.
Thanks for all your help!!
1. Can I travel and enter on my H1 even if my AP is approved/pending?
Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.
Consulting an attorney is the best option, I believe. Good luck!
Regards,
IK
1. Can I travel and enter on my H1 even if my AP is approved/pending?
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.
Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.
Thanks for all your help!!
1. Can I travel and enter on my H1 even if my AP is approved/pending?
Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.
Consulting an attorney is the best option, I believe. Good luck!
Regards,
IK
raminmd
08-14 05:00 PM
Hi all:
I am a July 2nd filer and I was not married at the time of my green card application. My green card was files under EB2 and my priority date is March 06. I got married in November 07 and got my wife to the US under H4. When the dates became current for March 06, we sent my wife's 485 app in on the 2nd to USCIS. We got a rejection notice this Tuesday (12th) with a notice date of the 4th saying that her "priority date could not be established". My lawyer received the package back today and said that she thinks it was wrongfully rejected and everything was o.k. We were going to resend the application today.
However, I just got an approval email for my I-485 and the online status has been changed to approved too.
What are my options here? Will USCIS accept the application if we sent it in? Does this mean she is out of status?
We are really worried. Has anyone been in this situation? What is the best way to resolve this?
I can honestly say that I never thought I would look at my 485 approval and get depressed.
Thanks.
I am a July 2nd filer and I was not married at the time of my green card application. My green card was files under EB2 and my priority date is March 06. I got married in November 07 and got my wife to the US under H4. When the dates became current for March 06, we sent my wife's 485 app in on the 2nd to USCIS. We got a rejection notice this Tuesday (12th) with a notice date of the 4th saying that her "priority date could not be established". My lawyer received the package back today and said that she thinks it was wrongfully rejected and everything was o.k. We were going to resend the application today.
However, I just got an approval email for my I-485 and the online status has been changed to approved too.
What are my options here? Will USCIS accept the application if we sent it in? Does this mean she is out of status?
We are really worried. Has anyone been in this situation? What is the best way to resolve this?
I can honestly say that I never thought I would look at my 485 approval and get depressed.
Thanks.
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knnmbd
04-28 02:45 PM
DOL Proposed Legislation for Labor Certification
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.
more...
wata
10-17 05:29 PM
Then what kind of visa that I have to hold between the beginning until I am ready to hire total of 10 and file my EB5.
Is there limited time frame? that I have to hire total of 10 let say within 2 years..
Thanks GCwaitforever
Not necessary. You can grow the business slowly. But only when your business grows to the size of 10 employess, you can file for EB5.
Is there limited time frame? that I have to hire total of 10 let say within 2 years..
Thanks GCwaitforever
Not necessary. You can grow the business slowly. But only when your business grows to the size of 10 employess, you can file for EB5.
pdakwala
06-11 08:25 PM
Visit this....
http://immigrationvoice.org/forum/showthread.php?t=4285
Thanks
http://immigrationvoice.org/forum/showthread.php?t=4285
Thanks
more...
dilvahabilyeha
08-09 01:20 PM
It is your passport number
no friend it cannot be
no friend it cannot be
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onemoredesi
07-27 11:46 AM
Congrats ajkastar..Pls let us know when you filed for your 485? How long did it take you after the finger printing..
Thx
Friends,
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
Thx
Friends,
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
more...
Prazz002
07-19 02:06 PM
I think this applies only for existing cases that is if you already have a EAD number and applied for renual.
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yhhou22
10-22 09:40 AM
EB2 June filer of I 485
PD Aug 15 2005
RD of I 485 June 1st 2007
EAD approval August 28 2007
AP approval Sept 4 2007
I485 approval Oct 4 2007
From China
NSC
PD Aug 15 2005
RD of I 485 June 1st 2007
EAD approval August 28 2007
AP approval Sept 4 2007
I485 approval Oct 4 2007
From China
NSC
more...
shawine
07-17 06:16 PM
Excellent. I am new in this cage..but I am proud to be here. I will definetly donate generously for 4 core for future lobbying. Also I would think..we need 2 avoid anti-immigration media such as CNN etc. I saw WSJ, Business Week, CNBC(Brian William news at 6.30), CNBC Maria, Washington post, New york time and some other local news paper helping us with covergae on this issue. We shouldn't be helping Lou dobb's kind of guys to boost his ratings. I decided to stay away from that chap!! and CNN. I know many of my friends regulary watch CNN and I advised everyone to switch to other channel..what u guys think. Once again congts all.. sleep well and enjoy..
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jcrajput
12-31 08:44 AM
I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:
1. Should I apply for AP for both of us?
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?
Your help is greatly appericated.
Thank you.
1. Should I apply for AP for both of us?
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?
Your help is greatly appericated.
Thank you.
more...
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summerof98
10-24 01:38 PM
Under what circumstances can a Service Request be made?
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clockwork
07-18 05:41 PM
just emailed... it should have 4 pdf files.
Done buddy. Please look at my previous post. Thanks for sharing info. :)
Done buddy. Please look at my previous post. Thanks for sharing info. :)
more...
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rsdang
08-22 12:11 PM
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
You H1-B is not voided when you use the EAD and effectively you can go back to using H1-B.
They do not stamp your Visa with - "voided without prejudice" which they do when you change your visa type normally or apply for a renewal before the last one has expired.
NOTE - the assumption is that the H1-B is the underlying petition on which you are now seeking immigration.
Border immigration officer may ask you to use the Ap if you have it and that is totally officer dependent. There are no clear guidelines on that one...
Hope this helps
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
You H1-B is not voided when you use the EAD and effectively you can go back to using H1-B.
They do not stamp your Visa with - "voided without prejudice" which they do when you change your visa type normally or apply for a renewal before the last one has expired.
NOTE - the assumption is that the H1-B is the underlying petition on which you are now seeking immigration.
Border immigration officer may ask you to use the Ap if you have it and that is totally officer dependent. There are no clear guidelines on that one...
Hope this helps
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akkakarla
09-06 07:04 PM
Guys, this is another great reason of why to change your mind and ATTEND THE RALLY! Let's force CNN to put us on their screens and laugh in Lou Dobbs' face! We can at least reply to his lies in a forceful yet peaceful and educated way (something he isn't!)
One thing I don't understand is how come this guy used the words bastard, communist china(all the time),cheap labor for computer programmers and he is so full of himself. Why does he have problem if US borrows flights from russia to transport vehicle?
Guess this guy needs serious help and be instutionalized for a very long time.
One thing I don't understand is how come this guy used the words bastard, communist china(all the time),cheap labor for computer programmers and he is so full of himself. Why does he have problem if US borrows flights from russia to transport vehicle?
Guess this guy needs serious help and be instutionalized for a very long time.
more...
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chanduv23
10-29 01:28 PM
Bump - come on folks, please provide feedback.
We are glad that so many people turned out in huge numbers.
We are glad that so many people turned out in huge numbers.
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eb3_nepa
07-18 10:28 AM
^^
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surabhi
08-15 08:33 AM
I think it can actually create huge heartburn. This is not intended to allow filing I-485 before PD is available. Rather it is to introduce one more hoop to jump over. Now I-485 will be "By invitation" after you successfully complete pre-screen.
Picture this. your I-140 is approved. YOu fill the pre-screen registration. They are supposed to do backgrond, EVL, name check etc etc... During all of this, you did not actually file I-485. Suddenly your PD becomes current becuase DOS has moved dates forward so as not to waste Visas. Still you cannot file I-485 because your pre-screen is not complete.
Basically their processing bottleneck will be shifted to pre-screen and potentially take away the interim benefits of EAD and AP even if they would be otherwise qualified to file for 485.
Picture this. your I-140 is approved. YOu fill the pre-screen registration. They are supposed to do backgrond, EVL, name check etc etc... During all of this, you did not actually file I-485. Suddenly your PD becomes current becuase DOS has moved dates forward so as not to waste Visas. Still you cannot file I-485 because your pre-screen is not complete.
Basically their processing bottleneck will be shifted to pre-screen and potentially take away the interim benefits of EAD and AP even if they would be otherwise qualified to file for 485.
gparr
June 25th, 2006, 03:50 PM
(No, I don't streak, it's from the fluid. Oh, I guess y'all figured that out. :) )
Show of hands. How many would pay to see Fred streak while pushing his baby buggy full of gear?
Show of hands. How many would pay to see Fred streak while pushing his baby buggy full of gear?
chanduv23
10-19 01:12 PM
I am from Long Island. I am a name check victim. What can we do? Where and when can we gather?
I have been looking for some help in mobilization in your area - lets discuss this offline.
Send me your contact details and time to contact as a private message and we can discuss further steps.
I have been looking for some help in mobilization in your area - lets discuss this offline.
Send me your contact details and time to contact as a private message and we can discuss further steps.
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