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  • nozerd
    02-24 08:26 AM
    Not true. TX doesnt have state income tax but still allows H1 and H4 visa holders in state tuition after 1 yr of residence.
    Thanks


    AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.

    WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.

    MD doesn't allow instate

    DC has no instate concept at all :)

    VA,NY,CA,MA,IL allow instate as of my knowledge.





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  • gcisadawg
    04-07 05:08 PM
    I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.




    A quick question. Did you extend after the initial 6 month period? I had a friend who extended the original 3 months and received another 3 months.

    rgds,
    g





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  • jnraajan
    03-29 04:13 PM
    hi Munna,
    thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.

    Usually in that instance, you should receive a NOID from the USCIS. It goes to your lawyer. Which is why, if you are absolutely sure that your employer will revoke the I-140, it is better to file for AC21 with your own lawyer.(Not the company lawyer). In such a case, even if USCIS sends a notice to deny, it will reach your lawyer rather than the company's lawyer





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  • gc_rip
    08-03 10:55 AM
    Hi,

    My wife's EAD is expiring on 8/3, and the renewal was filed on 5/19 w/ notice date 5/24.
    We have just requested expedite request but may not get it in time.

    She just entered into USA using AP in July.
    485 was filed in Aug 07.

    If she continues to work till the EAD is processed, would she be protected under rule 245K? Does she need to stop working immediately?

    And what happens if she does not get the EAD by Aug 19 (90 days)? Would the infopass office issue an interim EAD based on the application?

    Thanks,



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  • 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.:)





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  • ilikekilo
    06-02 05:26 PM
    did you send web faxes and contribute to IV, if not please do



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  • vybe3142
    07-25 12:03 AM
    thanks much, ...

    i was just worried about not having a salary for those 90 days or so would affect my whole GC process.
    Yes, my I140 WILL be revoked. I'm on good terms with my previous employer and this is just something they will be doing to protect their interests.





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  • s416504
    10-02 03:54 PM
    Applying PERM & H1 are diffrent. GC process is future employment so Any employer can sponser your PERM without joining him (But you have to join that employer if GC-485 get approved by him).
    In My case, my earlier employer filed GC in 2004 but I140 got denied so I restarted whole GC process again.



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  • ARUNRAMANATHAN
    06-20 08:50 AM
    If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!


    See the Requirements for the same ....

    Lot of Documentation needed; look at the theard for 485/EAD filing
    In the mean time you could wait for the Physical Paper and consult with your attorney to see how u could file it ...

    One of my friend is in the same situvation and this is the way we are proceeding !





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  • viswanadh73
    01-07 11:29 AM
    hi Munna,
    thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.



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  • sk.aggarwal
    09-21 10:14 AM
    I had been a sort of similar situation. My friend and I worked for different companies through the same consulting company. After my project finished, my friend recommended me to his employer and I got a full time position and joined them. My previous employer got to know about this and sued me for stupid and fake charges. I had to hire a lawyer and defend myself and it was finally settled. During the course, I spent over 8K in attorney fees and 10K was settlement amount. Cost could have crossed 20K more in attorney fees if I would not have settled and it would have gone to litigation.

    Moral of the story: Law Suits are expressive and scumbag companies don't care. Do what you can to avoid confrontation. I am not trying to scare you but things can turn nasty. You may just want to talk to your old company and try to reason with them. Good Luck with what you do.





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  • insbaby
    07-17 11:01 AM
    I recieved reply from consulate stating that I need to get PCC from US consulate as I have not being living in India for a long time therefore there is no use of getting PCC from local police station. Now anybody let me know if I fly to SFO they would give my PCC with in a day or would take time ??/

    If you are holdng a Passport issued by other than SF Consulate:

    * If applying at the counter in-person, 30 business days or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier

    *If applying by mail, 30 business days, excluding time taken in mail, or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier.

    As it takes around 30 business days to issue PCC, you must submit photocopy of passport at the time of applying. As soon as the clearance is received from the Passport Issuing Authority concerned, you will be called (provided you have mentioned your telephone number in the application) to submit your original passport for stamping of PCC.

    If you are holdng a Passport issued by SF Consulate:
    Applying in person: Same day or latest by the next working day
    Applying by mail: 10 (ten) business days excluding the time taken in mail

    http://cgisf.org/misc/miscservices.html



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  • GoGreen
    07-18 10:32 AM
    If EAD is not filed along with I485 application, Do we need to wait for I485 reciept to file EAD or a copy of 485 application is enough?

    Thanks,
    Rajeev

    Can someone who might have some information help me and Rajeev by answering Rajee's question..thanks.





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  • sandy_anand
    01-24 09:38 AM
    Annual Report of the Visa Office for 2010 has been released here...

    Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)

    Table V Part 2

    India Received

    EB1 6741
    EB2 19961
    EB3 3036

    ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)

    Other Info
    EB1 received a total of 41026 which means there was no spillover from EB1.



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  • ingegarcia
    08-30 12:29 PM
    You are missing the crux of my message; buying education for a GC is not the purpose of the SKIL bill. It is intended to retain foreign workers who willfully enrolled in a U.S advance degree program to pursue higher studies, and as oh! By the way that also helps you to get your GC quicker; it�s not the other way around .

    I read SKIL bill and it refers to "Exempts U.S.-educated professionals with advanced degrees". I Do not see why an online master degree does not fit in here. Maybe I am missing something :)

    This is an excerpt of Section 201.
    Section 201. United States Educated Immigrants. Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience
    in the United States from the annual green card (i.e. immigrant visa) cap.





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  • vivache
    09-19 01:46 AM
    "They are a privately owned LLC ( trust) and if I open a trading account with them, then I am accepted as a 'member' of the trading firm and at the end of the fiscal year, they would provide me a K1 tax form which would reflet my share of profits from my stock trades."

    What does being a member mean?
    does it mean that you are their employee? Which you cannot be .. since you are on h1 and they haven't filed one for you.

    Are you a shareholder? If yes .. on a h1 you have the right to be a shareholder in any company .. (eg .. if you own Oracle stock .. you are a share holder there.)

    "Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that."
    Yes .. the rule is this .. you can own any business .. internet or otherwise .. and can draw an income or profit. But .. you cannot work for that organization as say the CEO or Director Marketing. The reason being .. on a h1 visa .. you can only work for your employer. So essentially you can be an employer .. hire people .. etc ..even process h1's .. but cannot work : ).



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  • tnite
    08-15 04:45 PM
    On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1�s or GC�s.

    On rare occasions, USCIS revokes previously approved GC�s in case of fraud.

    Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.


    Two of my friends got a letter from DOL to answer a questionnaire about the pay, paystub gaps and all those stuff.They work for different companies.
    DOL is cranking up the pressure





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  • stueym
    07-09 03:48 PM
    Thank you for all your support. Quick update. Our video now has 1439 viewings, 132 ratings and 38 comments (as at 4:15pm EDT 7/9). This has resulted in us having the #32 top rated video of the week in News and Politics. Your support has been wonderful and thank you for your positive comments.

    We have looked at a large number of the other videos in the competition and we certainly have a much higher rating and viewings than any of the videos other than the ones posted in the first week of the competition. Sadly we dont want to monitor them as every time we check their score it rates as another viewing for them :p

    We remain hopeful that our moderate position on a difficult topic may give us an edge but who knows. My son is dying to pose a supplementary to the video question about the byzantine process we all have to endure.

    Will keep you updated.





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  • indianindian2006
    10-09 08:34 PM
    My RFE is with regards to Employer's ability to pay. Somehow, my employer hasn't submitted anything yet and the deadline is on Thurs Oct. 11. What will happen if we are not able to submit anything by the deadline? Will the app automatically get denied?

    According to what I have read,if the additional evidence is not sent out by the deadline then they will decide the case with the evidence that they have on hand,which is most likely not enough for them to approve the case.After they decide the case and if it goes against you then your option is motion to reopen the case or an appeal.Contact your employer and attorney to send the papers ASAP.
    Good luck.





    485Mbe4001
    11-14 06:48 PM
    ask him to fax you the copy of the letter he got from BEC, something is not right here. Show it to another lawyer. Looks like he made a mistake when he filed for your labor.

    My RIR is rejected. My LC is still pending.
    My lawyer says it is moved to TR queue

    If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain





    pcs
    05-31 11:56 AM
    bump



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