Saturday, June 25, 2011

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  • manderson
    10-30 09:58 AM
    stylepoet, I am no lawyer but I still think you can totally resolve this thing with a very good immigration lawyer instead of lobbying for a law change. If you wait around for legislative changes you may wind up waiting forever. Look at us. A multi-million dollar lobby like Compete America (which represent Fortune 500s like Microsoft, Google, Oracle, etc.) have been working towards some of the same goals we have been trying to achieve for the last 4-5 years, and either of us can hardly get anything done in Congress.

    Compared to the legal limbo we are in, your case really isn't that difficult. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5.

    One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break...

    Once your kids turn 21 they will age out anyway. Meaning they will have to pursue their own green cards. So if you want them to get their green cards as your dependants you really need to move now. Take it from us. You really don't want to wait around for law changes!!

    :)


    Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.

    The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.

    We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.





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  • eilsoe
    10-16 09:50 AM
    TIFA!!!!





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  • belmontboy
    10-02 03:30 PM
    But what if the company doesnot have any more requirement when my GC gets approved. Its takes 4-5 years and conditions may change as per time...?

    Any opinion?

    if they don't have any requirement, they are expected to notify USCIS about this by revoking ur I-140





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  • finimits
    05-03 01:01 PM
    Saji007,
    Thanks very much for your responses, it's been very helpful.



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  • kish006
    10-30 08:56 AM
    I am in the same boat. I USCIS called yesterday still not the in the system. They told to wait next week. Let see what will happen.





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  • abhijitp
    07-17 06:27 PM
    Sorry I am posting this on multiple threads (because there are so many!)

    http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf



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  • samcam
    05-24 10:04 AM
    We currently have 104 guests.. total membership is 3992.. I think today is the day we are going to cross 4000 mark... Guests, if you have not registered, please do so...





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  • sanju
    11-10 09:13 PM
    Its only Mahabharat - people started forgetting Ramayan & Mahabharat.

    Big deal!

    If Bush can be the Hanuman, McCain can be Narad Muni and Palin the Surpanakha, then whats the difference between Ramayan & Mahabharat.




    .



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  • perm2gc
    01-08 04:08 PM
    Here is the situation, they already got Australia visa stamped and would like to make a honest visit to US before leaving for Australia, nothing hidden. So how to Convince VO.
    The best shot is to try from australia.To be frank chennai consulate is very strict on some education qualifications like doctors.So if they want to come here best bet is to apply visitor visa from australia to usa.if you try chennai consulate and get rejected once.you will redirected to chennai consulate everytime you apply for visitor visa anywhere in world.





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  • maccaid
    06-22 02:17 PM
    Hi,
    I just got married not long ago.

    I'm planning to apply I-485 this july.
    My question:
    Should she change her name prior to applying I-485 or she can do it after we applying I-485.
    How easy it�ll be to change last name while I-140 and I-485 pending?

    Anyone in the same boat?

    Thanks in advance.
    maccaid



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  • seahawks
    03-11 11:03 PM
    Take copies of your I-94 front and back and then submit them at the airport you board the international flight out of the US. When you come back, you will be filling in a new I-94 based on the latest H1/H4 date which you will show the border officer. (I am only stating this purely when your fly, I don't have experience by land)





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  • p_aluri
    08-03 06:51 PM
    I would say second one is correct...

    Hi All,

    I am not sure whether this has been answered earlier. Here is my situation.

    My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer

    Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.

    Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.

    Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.

    So I am confused in this case and my employer will believe in what the company law firm will say.

    So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?

    Thanks



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  • pady
    09-28 04:12 PM
    Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand





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  • kaisersose
    07-17 10:44 PM
    Today is a great day in IV history!

    We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.

    My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?

    Anyone with experience please help.

    Thanks in advance!

    Same as my case. This is not a problem. You can either send in her vaccine reports when she gets them or else USCIS will issue an RFE and you can send the reports as part of the response.



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  • gparr
    March 3rd, 2004, 08:12 PM
    Fred, you're killing me! That comedy routine is getting really good! ;)

    I like the every-angle view. Reminds me of a kaleidoscope. How did you get the camera to put that many images on one frame? I doubt even the MKII will be that fast. ;)





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  • raj131982
    04-12 02:11 PM
    Hi,
    Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:

    "My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."


    And he puts the below figure his company has borne towards expenses for my H1 application:
    1)Education evaluation: $125
    2)Attorney fees: $1000


    My question is:

    1) Is attorney fees really $1000 or it is much less than what he claims it to be?
    2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.

    How can I proceed in this matter? Plz advice.

    Thanks
    raj131982



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  • sr225
    05-15 11:18 AM
    Sorry for high jacking the thread but I wanted some info on eb2 perm and greencard over all

    My qualifications are

    Bachelors in engineering - 4 years
    Masters in computer science - 2 years in US

    Experience of 6 years in software dev

    My job requires BS+5 years only , Masters in not a requirement.

    Can I file in EB2 ...could you please elaborate your experience in eb2 .





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  • GCMangataHai
    10-21 05:24 AM
    PSAM,
    What do you mean by my official salary will drop. I already made the more than what evere I am whatever has been mentioned in the LC. But just now I applied for H1B renewal 3 week back. But my present salary will drop a bit. yes it is not going to be same as three week ago salary.





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  • aruny5
    10-26 01:01 PM
    My wife was on H4 earlier and then she coverted her visa into F1 (student). She got I 20 form from school with her, But She doesn't have F1 stamp on her Indian Passport. She got 2 hour halt in Paris.
    Does she need French transit visa ??





    indyanguy
    10-21 06:40 PM
    This is interesting. Is there a limit to how much can be written off as pre tax expenses? What is the main criteria for these expenses - does the employee need to work/live 50 miles away from home?





    GC4US
    10-31 05:11 PM
    See my signature



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