vinzak
06-17 12:45 PM
I'm not a lawyer so please don't take my thoughts as the ultimate truth.
It's illegal for you to work on an F1. But it's not illegal for you to be a sleeping partner in a business. So I guess you can setup a company with a citizen/GC partner and sell yr app thru that and collect the proceeds as dividends.
Or you can also register a company in your home country and sell the app through that. So technically u wouldn't be making money in the US.
There are a million ways around these laws. The question is are you gonna make a lot of money? If you are, you can afford lawyers up the wazoo to make yr case.
So pursue yr dreams and stop worrying about silly things like immigration laws if you have a big idea.
For inspiration, look up Phillipe Kahn on wiki. He started working as an illegal immigrant programmer for HP, and became one of the greatest forces in software.
Hope that helps.
It's illegal for you to work on an F1. But it's not illegal for you to be a sleeping partner in a business. So I guess you can setup a company with a citizen/GC partner and sell yr app thru that and collect the proceeds as dividends.
Or you can also register a company in your home country and sell the app through that. So technically u wouldn't be making money in the US.
There are a million ways around these laws. The question is are you gonna make a lot of money? If you are, you can afford lawyers up the wazoo to make yr case.
So pursue yr dreams and stop worrying about silly things like immigration laws if you have a big idea.
For inspiration, look up Phillipe Kahn on wiki. He started working as an illegal immigrant programmer for HP, and became one of the greatest forces in software.
Hope that helps.
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vselvam
12-16 05:20 PM
I would like to know some details about EB3.
Currently the priority date for EB3 India is May�01.
My PD is Mar�2004.
When no reforms happen, how long approximately it will take to reach my PD.
I know it is based on how many people applied, yearly and per country limit. Can any one guess or possibly know how we can find about these details about movement such that how many people applied, if it goes on the same speed then how long it will take to move from one year to next year. Can anyone guess?
Thanks
Currently the priority date for EB3 India is May�01.
My PD is Mar�2004.
When no reforms happen, how long approximately it will take to reach my PD.
I know it is based on how many people applied, yearly and per country limit. Can any one guess or possibly know how we can find about these details about movement such that how many people applied, if it goes on the same speed then how long it will take to move from one year to next year. Can anyone guess?
Thanks
milind70
04-01 06:05 PM
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
Here are some facts
1. Labor Substitution is not allowed as of mid 2007 .
2. You could have invoked AC21 and moved to company B on EAD after 180 days of filing of 485 rather than trying to file 140 on sub labor
3 I think you could talk to comapny B and ask them to hire you on job of same responsbilities as on your earlier labor.
I think it is better if you see and immigration attorney for advise on this issue.
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
Here are some facts
1. Labor Substitution is not allowed as of mid 2007 .
2. You could have invoked AC21 and moved to company B on EAD after 180 days of filing of 485 rather than trying to file 140 on sub labor
3 I think you could talk to comapny B and ask them to hire you on job of same responsbilities as on your earlier labor.
I think it is better if you see and immigration attorney for advise on this issue.
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H1B-GC
08-14 04:51 PM
A Call from DOL to your Employer is enough to start coughing all the Money he owes you. Make sure you have all the paper Trail as Evidence -Emails,Fax and etc..
more...
rajsand
10-04 09:58 AM
I havent go the receipts yet, but wondering how long (approx) should it take for AP travel document to come so we can travel out of the country.>
NSC is pretty bad so would like to get some statistics.
Thankyou IV and all members
NSC is pretty bad so would like to get some statistics.
Thankyou IV and all members
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jay75
08-30 05:09 PM
What is Sub-Labor?
I field my GC thru Very good company.
I am not understanding why its happend
Well..Why don't give more details? folks in this thread asked all details and try to help you.
I field my GC thru Very good company.
I am not understanding why its happend
Well..Why don't give more details? folks in this thread asked all details and try to help you.
more...
dce.deepak
09-18 05:44 PM
its not 800,000 its around 190,000 for all EB1,2,3
look at here May 2010 data
USCIS - Previous Pending Employment-Based I-485 Inventory (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=16551543455e5210VgnVCM100000082ca60aRCR D&vgnextchannel=16551543455e5210VgnVCM100000082ca60a RCRD)
Family based is also heavily backlogged. How can there be flow of thousands of unused visas in Family Based for flow to Employment Based? Even in Family based there are categories 1, 2A, 2B, 3 and 4. The visas will first flow from top to bottom in Family Based. Wouldn't all the categories have to be current before any visas flow to Employment based? I read somewhere that the employment based backlog size is 800,000 applications. :confused: Let's say even if there is a small number of visa flow from Family Based to Employment Based, how can a small number of visa flow from Family Based to employment based backlog be sufficient to approve 800,000 applications?
look at here May 2010 data
USCIS - Previous Pending Employment-Based I-485 Inventory (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=16551543455e5210VgnVCM100000082ca60aRCR D&vgnextchannel=16551543455e5210VgnVCM100000082ca60a RCRD)
Family based is also heavily backlogged. How can there be flow of thousands of unused visas in Family Based for flow to Employment Based? Even in Family based there are categories 1, 2A, 2B, 3 and 4. The visas will first flow from top to bottom in Family Based. Wouldn't all the categories have to be current before any visas flow to Employment based? I read somewhere that the employment based backlog size is 800,000 applications. :confused: Let's say even if there is a small number of visa flow from Family Based to Employment Based, how can a small number of visa flow from Family Based to employment based backlog be sufficient to approve 800,000 applications?
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satishku_2000
08-01 06:21 PM
Unlike I485, you can appeal adverse desisions by USCIS, in I140 cases.Also try Ombudsman and local Congressman.You still have to know, what USCIS decision is.may be you will be alright without doing anything,and your I-140 will be favorably adjudicated!
Wish you all the best
I am just trying to know what are the options I have . Hope and pray I dont have to do anything ...
Wish you all the best
I am just trying to know what are the options I have . Hope and pray I dont have to do anything ...
more...
jsb
12-15 10:08 AM
Thanks Chris for sharing this info
This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
....
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
....
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
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dwhuser
09-14 05:11 PM
Curious to see if there is any luck for spouse approvals in the September 2009 PD movement ?
more...
ramaonline
11-19 03:16 AM
F1 requires non-immigrant intent. Change of status to F1 may be difficult once you have filed for I140/485
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leoindiano
01-31 10:35 AM
I had this experience before in Pennsylvania, same single bed room, had a PC, fridge, thats pretty much it...
Apartment management said, check with power company. Power company said the apartment have insulation problems. There are quite a few reasons why this may happen..
1) Location of apartment, corner, ground level
2) Old equipment, like washer/dryer, bad insulation
3) Normally in northern states winter power rates are more almost 2.5 times....
the highest i got was $350 dollars at that time, that was in 2004....
Apartment management said, check with power company. Power company said the apartment have insulation problems. There are quite a few reasons why this may happen..
1) Location of apartment, corner, ground level
2) Old equipment, like washer/dryer, bad insulation
3) Normally in northern states winter power rates are more almost 2.5 times....
the highest i got was $350 dollars at that time, that was in 2004....
more...
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nayekal
02-21 01:13 PM
Simple thing, when she doesn't have a job why would you get her an H1B , which any other well qualified candidate would have got. Because of the people like you all the legal immigrants are the targets of the accusation of "stealing our jobs".
People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.
Dude, you think a person with 3 years of working exp in IT after completing masters is not qualified?
How can some one gives you a job offer to join them in October by sponsoring H1 in April. You don't apply for H1 during April of any year, then you will never be able to get a job.
I am sure you will find many (most of them are) consultants from so called cheap desi companies are technically smarter and have lots of exp as well. May be those companies are cheap, but people are not.
Before you come to forums and release your frustration, go and tell your friends and colleagues about your opinions. I bet, most of them will stop talking to you.
People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.
Dude, you think a person with 3 years of working exp in IT after completing masters is not qualified?
How can some one gives you a job offer to join them in October by sponsoring H1 in April. You don't apply for H1 during April of any year, then you will never be able to get a job.
I am sure you will find many (most of them are) consultants from so called cheap desi companies are technically smarter and have lots of exp as well. May be those companies are cheap, but people are not.
Before you come to forums and release your frustration, go and tell your friends and colleagues about your opinions. I bet, most of them will stop talking to you.
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mhssatya
04-28 08:56 AM
hyderabad,
My file is moved to atlanta and my lawyer is from there as well. Where as i'm from virginia. It's been 8 months and I still haven't been called for an interview. Should I be proactive and do something about it or just wait for the interview letter?
Appreciate your response.
Hi mhssatya,
Better to hire local attorney, you guys can go at one time for an interview. Please do keep me posted after the interview.
I had interview on Mar 30th on I-485 Interview,
Earlier we got an denial on I-485 bcz of withdrawn my approved I-140 from Previous Employer.
Before itself I moved new employer uncer AC 21 portability.
We applied MTR on I-485 and thet is approved.
After that we recieved interview letter. The interview was Good, end of the interview, the officer told us, that will review again, if any docs needed will let you know with in 2 weeks.
Still didnt recive any response. Can you guys please do advice on my case, can i call to customer care on my case or better to go take an info pass.
Thanks
My file is moved to atlanta and my lawyer is from there as well. Where as i'm from virginia. It's been 8 months and I still haven't been called for an interview. Should I be proactive and do something about it or just wait for the interview letter?
Appreciate your response.
Hi mhssatya,
Better to hire local attorney, you guys can go at one time for an interview. Please do keep me posted after the interview.
I had interview on Mar 30th on I-485 Interview,
Earlier we got an denial on I-485 bcz of withdrawn my approved I-140 from Previous Employer.
Before itself I moved new employer uncer AC 21 portability.
We applied MTR on I-485 and thet is approved.
After that we recieved interview letter. The interview was Good, end of the interview, the officer told us, that will review again, if any docs needed will let you know with in 2 weeks.
Still didnt recive any response. Can you guys please do advice on my case, can i call to customer care on my case or better to go take an info pass.
Thanks
more...
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anoopraj2010
07-30 01:39 PM
Well my questions are more coming from the part that if something happens to me before I become a citizen what will happen to her application?
Why wait for citizenship - will it make sense to go and file a new app alongside for fb2 which is less retrogressed and atleast has some hope..
Why wait for citizenship - will it make sense to go and file a new app alongside for fb2 which is less retrogressed and atleast has some hope..
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indianabacklog
12-04 06:50 PM
A wife of one of my colleagues got her green card through marriage. They have now been married for over eight years and she simply visits at least once a year and on at least three occasions has only visited for a weekend.
This gives you a good idea how little time you have to be here without losing your permanent residency.
I also know of a research fellow who I used to work with. Has had his green card for almost twenty years and in that entire time has only visited for one conference each year and then for at most five days.
If you want to progress to become a citizen this sort of arrangement will not work obviously but if you simply want to retain your green card it would appear to be remarkably easy.
This gives you a good idea how little time you have to be here without losing your permanent residency.
I also know of a research fellow who I used to work with. Has had his green card for almost twenty years and in that entire time has only visited for one conference each year and then for at most five days.
If you want to progress to become a citizen this sort of arrangement will not work obviously but if you simply want to retain your green card it would appear to be remarkably easy.
more...
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ajju
09-25 12:22 PM
Good find - shows the plight of legal immigrants.
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
Add wait time or prev unsuccesful attempts of paplying 485... So you can add... addition 4-5 years., fore unlucky people like me to be able to apply for a GC Application :D
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
Add wait time or prev unsuccesful attempts of paplying 485... So you can add... addition 4-5 years., fore unlucky people like me to be able to apply for a GC Application :D
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thepaew
11-09 07:43 AM
I have decent writing skills and can help with writing or reviewing any documents or presentation materials. I don't live near the DC area but am willing to meet MA lawmakers locally.
--
MA Chapter
--
MA Chapter
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kirupa
11-11 01:07 PM
This is multi-week process ritwik. I wouldn't expect the public poll to go up any sooner than the 18th.
:)
:)
WaitingForMyGC
04-30 10:40 AM
You are there for a long wait..mine was filed in dec and still pending.
venetian
07-06 03:30 PM
Thanks again for the responses.
Looks like USCIS is fine when a person with valid H1/L1 petition can enter the US using AP and continue to maintain H1/L1 status provided the person continues to work for the same employer.
Below is some of the the 'USCIS Guidance on H-1 / L-1, EAD and Advance Parole' that I got from murthy.com
MurthyDotCom : INS Guidance on H-1 / L-1, EAD and Advance Parole (http://www.murthy.com/news/UDnewins.html)
An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)
An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.
If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.
An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.
Looks like USCIS is fine when a person with valid H1/L1 petition can enter the US using AP and continue to maintain H1/L1 status provided the person continues to work for the same employer.
Below is some of the the 'USCIS Guidance on H-1 / L-1, EAD and Advance Parole' that I got from murthy.com
MurthyDotCom : INS Guidance on H-1 / L-1, EAD and Advance Parole (http://www.murthy.com/news/UDnewins.html)
An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)
An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.
If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.
An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.
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