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  • girishvar
    08-15 12:11 PM
    There is a USCIS memo on Merger and Acquisition released some time in 2003/2004. I am not able to locate that. I have used that memo to continue my H1b.




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  • martinvisalaw
    09-10 12:13 PM
    As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen. The lawyers on this forum can advise you better.

    OP would only be authorized to stay in the US if the change of status (COS) was filed while she was still in status. Since her status expired last April, she has been out of status since then and filing the COS did not restore her status.

    OP - you really should speak with another lawyer, to be safe. You should not be relying on advice on a free forum given the seriousness of your situation.




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  • rajeshalex
    09-25 03:20 PM
    Are u the primary or dependant. If you are the dependant no issues cool and enjoy time with baby. If you are the primary then no issues till you get the GC. For primary it is not mandatory to work during the time 485 is pending. But once GC is approved then u need to start full time position with the employer.




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  • number30
    03-18 06:13 PM
    LCA wage is $60K. For the current company it is Ok since I worked only for 8 months. But my concern is W2 with $50K in CA bay area will definitely raise a red flag when it comes to any further encounter with USICS (H1 extn/Labor/I-140/AOS/Consulate stamping). I will need to do a lot of explanation. I�m trying to avoid all that with a $60K W2.
    You are thinking too much. Whether you are in Bay area or in NYC , it does not matter. All they care is whether you are getting a salary mentioned on the LCA or not.


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  • rrajendra
    08-05 02:24 PM
    Hello all,

    Recently I got my H1B stamped at Mumbai India, this was my
    third H1B, and fifth US visa(I got two B1/B2s in addition). The
    US Visa stamping process has been streamlined and better organized
    than it was when I got my first one in 1999!:)

    Process started with me paying visa fees upfront at HDFC bank.
    after paying the fees, they will give two copies of the receipt,
    one for you and one for the consulate.

    Next step is to get yourself photographed. Every photo studio
    in Bombay knows the specification now, so it was no problem.:)
    Get digital copies of the photographs.

    Next step is to go online and fill the application forms. One needs
    to upload photographs and enter the fee payment receipt number
    in the form. Once completed, print the application after saving.
    The application form has a bar code, so please make no changes
    after the printout, if you do one needs to take a fresh print.

    The next step was to arrange an appointment for visa stamping
    which can be done online, once appointment is fixed
    one can go to the visa application center which is very
    near the Consulate at Breach Candy. They will verify the application
    and give you a confirmation of the appointment. Make sure
    that you submit your application form at least three business
    days before the visa appointment.


    To avoid the morning hour traffic we checked into a hotel
    near the consulate. The appointment was 10:30 AM, but we
    reached the consulate at 10:00. The appointment confirmed
    suggested we do not go to the consulate before 10:15, but
    went ahead anyway. The security let us in. :) The consulate
    was full of visa aspirants, and I braced myself for a long wait.
    We submitted our application forms after getting our fingers
    printed.

    To my surprise, we were called for interview at around 10:10.
    The consulate officer commented that I have already lived
    in the US, to which I said yes. The question was repeated to
    my wife, who also had a stint in the US. Then she asked me
    what kind of work I will be doing in US. I gave a rather long
    answer which I guess bored her a bit. My six year daughter
    complained that it she is tired, the consular officer started
    small talk with her. Then she said my passport will be sent
    by courier. By 10:20 we were on our way back home.

    We received our passports separately over the next 10 days.
    surprisingly my daughter got hers within 2 days, but my
    wife had to wait full 10 days!

    I am in the US now :)




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  • DSLStart
    01-28 01:02 PM
    Not to disappoint you but in this case appeal does not have a good chance. Look at the link here (http://www.eichorn-law.com/CM/IntheNews/6.1.10%20Xpedite%20Technologies%20-%20BALCA%20affirms%20denial%20for%20travel%20requi rement%20in%20advertisements%20but%20not%20in%2090 89.pdf)...



    Hi,..
    My perm was applied in Apr audited and finally heard that my perm denied in July 2010.
    Reason - travel language in the notice of filing but not on form 9089.

    Attorney will be filing for an appeal. Do you think its a good option ? Also how long would it take to receive an answer?

    As luck would have it , my H1-b 6 yrs expires in Nov -2010. However my company did apply for an extension to Oct 2011 based on my Perm. Now that my perm has been denied is that extension still valid?
    thanks,..



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  • raysaikat
    07-13 11:05 PM
    Hi Everyone,

    Is it really necessary to inform USCIS of change of address.

    Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.

    Will appreciate your views.

    It is the law that you file AR-11 within (I think) 10 days after moving to a new address. If you do not do say, technically they can deport you. So send the AR-11 form with proof of sending. You can also submit AR-11 form online.

    You should also change the address on the USCIS site. This operation is different from AR-11 submission.




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  • pappu
    09-24 10:14 AM
    My problem with these hearings is that they play soccer with the interests of immigrants. There are pro and anti immigrant views in discussion.

    Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?

    Secondly when they talk about legalization and path to citizenship, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.

    The same people who favor legals in such discussions, become anti-legal when they have a chance to do something for legals. Why a simple bill like recapture not introduced by these same people till now?

    Overall Immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lot could have been done till now. We need to hear more action than just talk.



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  • LOL123
    07-30 11:47 AM
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  • number30
    03-18 06:13 PM
    LCA wage is $60K. For the current company it is Ok since I worked only for 8 months. But my concern is W2 with $50K in CA bay area will definitely raise a red flag when it comes to any further encounter with USICS (H1 extn/Labor/I-140/AOS/Consulate stamping). I will need to do a lot of explanation. I�m trying to avoid all that with a $60K W2.
    You are thinking too much. Whether you are in Bay area or in NYC , it does not matter. All they care is whether you are getting a salary mentioned on the LCA or not.


    I



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  • chitra
    02-26 09:56 PM
    Thank you for your reply. The scenario would be...if my husband loses his H1B due to a layoff, etc, then I would lose my H4 status. In that case, will I still be able to enter the US on a B1/B2 as it was initially valid till 2013.




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  • user1205
    08-25 10:04 PM
    http://www.shusterman.com

    He's also advertising on his website wining this type of case.



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  • Saarissimo
    06-03 05:08 PM
    Thank you all for your replies and comments. A few things I know based on previous research:
    1. Any person, whether in the US or not, can be an investor (and hence hold equity) of an LLC or C corp. When it comes to an S-corp, all owners must be US citizens. So owning a stake in a company has nothing to do with work permit (i.e. H1-B)
    2. Any company that can prove employer-employee relationship can sponsor H1B for its employees, even if the employees are owners in the company. There are many start-ups in the US where some of the founders work in the company on an H1-B. However, the lion share of those are C-Corps

    My questions are:
    1. Can an LLC sponsor an H1B visa for one of its (major) shareholders
    2. If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?

    I hope this all makes sense.

    Thank you all in advance.




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  • kak1978
    11-30 02:33 PM
    I have seen people talking about getting approvals with misdemeanors, but each case may be different. Murthy.com forums has a special section for people dealing with misdemeanor issues and have gone through the process, may be you will get some more tips about preparing for the interview there. Good Luck!



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  • mnkaushik
    02-06 03:38 PM
    I have not done that. I do have EAd and AP so dont know if i will do it. But prior to this when i got promoted earlier i have not applied for an admendment.




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  • rksaigal
    10-16 07:10 PM
    Wishing you all a Very Happy Diwali.



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  • shana04
    03-05 06:47 AM
    My I140 is approved, 180 days complete and looking to change jobs in May/June.
    I have another 2 months with the present client. I want to Use AC21 but not inform USCIS. Does filing G28 and changing lawyer trigger a notice to my present company lawyer?

    No




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  • clif
    04-10 12:25 PM
    You must file AC21 letter before your old employer revokes I140. Otherwise, your I485 will be denied. Request your old employer to wait to revoke I140 until you have sent that letter.

    I hired a attorney to send the letter. I guess you can do it yourself too. Find a sample letter. Your new employer has to sign it on the company's letterhead. The letter is from the new employer, not from you.

    Hello,

    This is my status.

    I 140 � Approved in 2006 and have a copy.
    I 485 � Filed in Jul 2007, Receipt date Jul 02, 2007. Have copy of I 485 receipt.
    Perm Labor � Have perm labor approval copy.

    Since it has been more than 180 days I 485 is pending and I 140 also approved, I joined my client. Now my old employer says he will withdraw my I 140.

    I would like to send AC21 job change info to USCIS my self.

    Please let me know if any one is in the same situation and filed (informed) AC21 by yourself.

    And also advice if anyone used new attorney only for AC21.

    Thanks.




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  • gc_mania_03
    08-28 02:32 PM
    Gurus,

    When I filed/sent my Paper based I-131 - Advance Parole (AP) form yesterday I forgot to attach the photographs along with it. I just realised it now.

    Now what are the options I have. Will USCIS reject my I-131 - Advance Parole (AP) application packet and send it back or would they ask for RFE(Request for Evidence) of photograph.

    Or is it OK to send the photographs and mention the Alien A# .

    Has any body been through this situation before. I was planning on using AP for travel to INDIA in the few months now I guess I am in serious mess.

    Your help is much appreciated.


    Actually, I posted a similar question on another thread. Can you give me an update on what you did about the photos?




    RadioactveChimp
    04-16 01:42 AM
    ok seriously guys...this is kinda pissing me off in a funny way

    I mean COME ON! Xbox stamps? Gradient stamps? American flag stamps?

    does originality exist anymore? I mean they don't have to amazing pieces of artwork, but at least put some though into it


    sorry for ranting on your thread sparky :ne:

    -Dean




    Kitiara
    10-18 05:35 AM
    When you use Fireworks to make your animation, try converting to a symbol and using a tween, as in Flash...

    I don't know if these things are tweenable... Alright, look I've attached one of the animated gifs to this post, so you can see what I mean. I've got this one down to 20K, but I need to make it lower. I haven't got much knowledge of Fireworks (at least not on the animating side), - I've found the Convert To Symbol thing, but it doesn't seem to reduce the file size. Each frame was originally a .psd, which was then Saved For Web as a gif, opened into Fireworks, then pasted into the animation.

    Any ideas, bright spark? :)



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