morpheus
07-07 01:33 PM
Please consult an immigration attorney. There is a lot of misinformation in this area. I believe several of the posts above are incorrect.
My immigration attorney has advised me I can invest in and own anything - LLC, C Corp - as long as I don't take an active role in the business. Once you become active, you need an employment visa e.g. H1 to cover that. Since moving to the US I have owned and/or founded a couple of companies. I filed a visa so I could actively manage one of them. The others I am just a passive investor. One interesting question is can you attend a board meeting and still be a passive investor? Personally I think so, because board membership is not employment. Some may prefer to err on the conservative side.
Income from activites like Google Adsense or royalties is a grey area. It would make an interesting case, because it's very hard for the USCIS to say it is 'employment' rather than passive income. Any legal advice in this area is just an opinion. According to my attorney, there are no USCIS memoranda or case law on the subject.
Morph
My immigration attorney has advised me I can invest in and own anything - LLC, C Corp - as long as I don't take an active role in the business. Once you become active, you need an employment visa e.g. H1 to cover that. Since moving to the US I have owned and/or founded a couple of companies. I filed a visa so I could actively manage one of them. The others I am just a passive investor. One interesting question is can you attend a board meeting and still be a passive investor? Personally I think so, because board membership is not employment. Some may prefer to err on the conservative side.
Income from activites like Google Adsense or royalties is a grey area. It would make an interesting case, because it's very hard for the USCIS to say it is 'employment' rather than passive income. Any legal advice in this area is just an opinion. According to my attorney, there are no USCIS memoranda or case law on the subject.
Morph
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Lasantha
03-18 04:10 PM
Welcome to IV. Wish I could help you but I don't have a clue about marriage based GC applications. Infact majority of the people here are on the Employment Based GC path but I hope someone can show you the path.
In the meantime also try these forums.
http://britishexpats.com/forum/forumdisplay.php?f=34
http://groups.google.com/group/misc.immigration.usa/topics
They have a more diverse (Both EB and other GC applicants) mix of people in those forums. Hope that helps.
Best of luck and congratulations !!!:cool:
I'm a US-born citizen and my dear friend (now my wife) came to US from Thailand on R1/R2 Multiple Entry Visitor Visa for pleasure and to travel around with me to see the US. Though not intending to, we ultimately married while she was here on her visitor visa. See chronology below. We need to file the right forms. Please help me as this is a daunting task. If I can get some questions answered, then it will clear the clouded skies!
We both will be in the US during this process.
Me > :confused:
My Wife > :(
Here is our current situation:
1. I've been back and forth to Thailand for better part of three years for tsunami relief.
2. Met my wife doing relief work.
3. She applied for visitor visa at US Embassy in Bangkok March 2007.
4. Came first time to US May 2007
5. Married in California in July 2007 (had not intended to, but we fell in love!)
6. Returned to Thailand Sept 2007
7. Returned to US (together) Dec 2007 and are here now (March 2008)
8. Have filled out forms:
I-130 Petition for Alien Relative
I-485 Permanent Res/Adjust Status
I-325A Bio for each of us
I-134 Affidavit of Support
I-765 Employment Authorization Note: is eligibility req (c)(9) correct on line 16?
I feel there are no unusual circumstances about us. We are just normal people and don't fall under any asylum, Cuban or otherwise situations. I need to know about filing what forms and which ones together. Also, which ones will require certain documentation and when should they be included. We will likely file the 130/485/325/765 concurrently. What else should we file and what do I not need to file that I've listed?
Please get me going on this and then I can stop pulling my hair out.
I discoverd this forum today and am so happy I've found it! :D
In the meantime also try these forums.
http://britishexpats.com/forum/forumdisplay.php?f=34
http://groups.google.com/group/misc.immigration.usa/topics
They have a more diverse (Both EB and other GC applicants) mix of people in those forums. Hope that helps.
Best of luck and congratulations !!!:cool:
I'm a US-born citizen and my dear friend (now my wife) came to US from Thailand on R1/R2 Multiple Entry Visitor Visa for pleasure and to travel around with me to see the US. Though not intending to, we ultimately married while she was here on her visitor visa. See chronology below. We need to file the right forms. Please help me as this is a daunting task. If I can get some questions answered, then it will clear the clouded skies!
We both will be in the US during this process.
Me > :confused:
My Wife > :(
Here is our current situation:
1. I've been back and forth to Thailand for better part of three years for tsunami relief.
2. Met my wife doing relief work.
3. She applied for visitor visa at US Embassy in Bangkok March 2007.
4. Came first time to US May 2007
5. Married in California in July 2007 (had not intended to, but we fell in love!)
6. Returned to Thailand Sept 2007
7. Returned to US (together) Dec 2007 and are here now (March 2008)
8. Have filled out forms:
I-130 Petition for Alien Relative
I-485 Permanent Res/Adjust Status
I-325A Bio for each of us
I-134 Affidavit of Support
I-765 Employment Authorization Note: is eligibility req (c)(9) correct on line 16?
I feel there are no unusual circumstances about us. We are just normal people and don't fall under any asylum, Cuban or otherwise situations. I need to know about filing what forms and which ones together. Also, which ones will require certain documentation and when should they be included. We will likely file the 130/485/325/765 concurrently. What else should we file and what do I not need to file that I've listed?
Please get me going on this and then I can stop pulling my hair out.
I discoverd this forum today and am so happy I've found it! :D
sent4dc
06-19 03:24 AM
Hi everyone:
I have an unusual situation concerning my friend's mother. When he got his green card (about 10 years ago) he filed the green card application for his mother that lived (and still lives) abroad, hoping to alleviate the woes of her getting a short-term traveller's visa every time she traveled to see him.
She received her green card about 4 years ago, but she doesn't want to live in the US for more than a month. Unfortunately it also gets more and more expensive for them to make her travel to US every year, thus pushing her into a violation of her Permanent Resident status and of the recurring Re-entry Permits (that now shrank to a single year).
My friend now wants to suggest his mother to relinquish (i.e. give up) her permanent status but his fear is that once done she will not be able to return back to US to visit him. (He has already become a citizen and is not planning to return to his home country.)
Does anyone here have any suggestions of what could happen if she gives up her permanent resident status?
I have an unusual situation concerning my friend's mother. When he got his green card (about 10 years ago) he filed the green card application for his mother that lived (and still lives) abroad, hoping to alleviate the woes of her getting a short-term traveller's visa every time she traveled to see him.
She received her green card about 4 years ago, but she doesn't want to live in the US for more than a month. Unfortunately it also gets more and more expensive for them to make her travel to US every year, thus pushing her into a violation of her Permanent Resident status and of the recurring Re-entry Permits (that now shrank to a single year).
My friend now wants to suggest his mother to relinquish (i.e. give up) her permanent status but his fear is that once done she will not be able to return back to US to visit him. (He has already become a citizen and is not planning to return to his home country.)
Does anyone here have any suggestions of what could happen if she gives up her permanent resident status?
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lostinbeta
11-02 05:01 PM
me2 is good. I can't come up with a good grunge image to save my life....haha, which is weird because grunge is about as unstructured as possible.
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sweet_jungle
12-30 01:17 PM
What you are saying may be logically correct, but USCIS needs the proof on paper. USCIS needs I-140 approval notice to give you 3-year H1B extension. You can try without that, but not gauranteed anything. Same with I-140 applying also, they need original copy of labour approval to file I-140. USCIS has proper application rejection procedures for all this. May be they are not having proper Approval procedures, but they do have proper Rejection procedures depending on documents required to file something.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
Requirement of labour approval is different. That comes from a different agency, DOL. For I-140, USCIS will be able to get all the information by entering case number. They should be able to link everything with the alien registration number.
Anyways, if for first time, I get 1 year extension, then for next time, my G-639 should come through. H-1 costs are borne by companies, so, should not matter.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
Requirement of labour approval is different. That comes from a different agency, DOL. For I-140, USCIS will be able to get all the information by entering case number. They should be able to link everything with the alien registration number.
Anyways, if for first time, I get 1 year extension, then for next time, my G-639 should come through. H-1 costs are borne by companies, so, should not matter.
inskrish
08-12 03:30 PM
I am wondering if there is a potential issue for the applications filed between July 3rd to july 17th. This is the period when everything was in limbo. Is there any disadvantage for these folks?
So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.
I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.
I don't think we need to worry about July3-17 cases, and July3rd application is not any different from the July2nd application, except the fact that there was a one day delay. :) This is my take on this issue:
According to Jan Pederson, NSC received roughly 35,000 applications in first two days of July.07. As of 08/03/2007, USCIS completed receipt entry for the I-485 applications received till 07/01/2007. If we ASSUME USCIS enters roughly 4000--which could be too high, I believe--I-485 applications a day, it requires atleast 9 working days to complete the receipt entry of July2nd applications. i.e by Aug.16th, USCIS would have entered all of the July2nd applications, and from Aug.17th , they would start working on July 3rd applications.
Secondly, while processing the July2nd applications, USCIS doesn't give any priority to the actual time the applications were received. That is why some of us raise our eyebrows as to how the 11.30am filer gets the receipt notice before the 7.55am filer receives the same.
Again, it is just based on my personal observation.:)
Regards,
IK
So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.
I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.
I don't think we need to worry about July3-17 cases, and July3rd application is not any different from the July2nd application, except the fact that there was a one day delay. :) This is my take on this issue:
According to Jan Pederson, NSC received roughly 35,000 applications in first two days of July.07. As of 08/03/2007, USCIS completed receipt entry for the I-485 applications received till 07/01/2007. If we ASSUME USCIS enters roughly 4000--which could be too high, I believe--I-485 applications a day, it requires atleast 9 working days to complete the receipt entry of July2nd applications. i.e by Aug.16th, USCIS would have entered all of the July2nd applications, and from Aug.17th , they would start working on July 3rd applications.
Secondly, while processing the July2nd applications, USCIS doesn't give any priority to the actual time the applications were received. That is why some of us raise our eyebrows as to how the 11.30am filer gets the receipt notice before the 7.55am filer receives the same.
Again, it is just based on my personal observation.:)
Regards,
IK
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pappu
09-22 02:07 PM
I'd like to think it was our media campaign letters that did it :)
Yes. We got a lot of interest from reporters due to the letters and press releases members sent. The credit for all media coverage goes to each and every member who participated in the media action item.
Yes. We got a lot of interest from reporters due to the letters and press releases members sent. The credit for all media coverage goes to each and every member who participated in the media action item.
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wandmaker
10-22 10:07 PM
Hello,
Please advice on this.
Application is filed under EB2 category.
In Labor certificate minimum education requirement is Master's
My I-140 is denied because of 3 years Bachelors degree.
I have 3 yrs bachelors + 2 years Masters + 4 yrs work exp.
Received RFE on 15th June 2009.
We submitted 2 education evaluations on Sept 3rd 2009, which says my Master�s degree is equivalent to US Masters Degree.
Received denial notice on 28th Sept 2009.
After denial, Lawyer is planning to file appeal with federal court.
Does anyone have the same issue?
I read about a company called Career Consulting International (CCI)on internet, it seems they can prove my 3 yrs bachelors degree is equivalent to 4 yrs US Bachelors degree.
To proof this CCI is charging a huge amount.
Does anyone have any info about CCI?
Please advice.
Thanks.
Everyone knows the fact
B.Sc != US Bachelors or Even B.E
B.Sc + MCA / any non professional master degree != US Masters or Even M.E
For your qualification, you can only prove that your education is equal to US Bachelors - even then you are short of 1 year experience. So, you dont qualify for EB2.
Please advice on this.
Application is filed under EB2 category.
In Labor certificate minimum education requirement is Master's
My I-140 is denied because of 3 years Bachelors degree.
I have 3 yrs bachelors + 2 years Masters + 4 yrs work exp.
Received RFE on 15th June 2009.
We submitted 2 education evaluations on Sept 3rd 2009, which says my Master�s degree is equivalent to US Masters Degree.
Received denial notice on 28th Sept 2009.
After denial, Lawyer is planning to file appeal with federal court.
Does anyone have the same issue?
I read about a company called Career Consulting International (CCI)on internet, it seems they can prove my 3 yrs bachelors degree is equivalent to 4 yrs US Bachelors degree.
To proof this CCI is charging a huge amount.
Does anyone have any info about CCI?
Please advice.
Thanks.
Everyone knows the fact
B.Sc != US Bachelors or Even B.E
B.Sc + MCA / any non professional master degree != US Masters or Even M.E
For your qualification, you can only prove that your education is equal to US Bachelors - even then you are short of 1 year experience. So, you dont qualify for EB2.
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srikondoji
08-28 12:50 PM
To all,
If your EAD is not expiring soon (within 10 days) and your EAD renewal is still pending, there is chance that your expedited request may not be processed at all.
THis is what happened with my Wife's EAD renewal.
My Wife's EAD is set to expire on Sept 4th and was in a danger of loosing her job, if she didn't have her new EAD in time. There was no word/status_updates about her pending EAD renewal for the past 2 months. Complicating things further she only recently received FP notice.
We contacted our lawyer and she said that we are not eligible to file an expedited case as it is not even pending 90 days, but she did advise us to give it a try.
So, my wife called USCIS on August 26th (promtly at 8:00AM) and gave all the details to the Rep. Rep said that she will expedite the case and wait for 5 days to get a response. She said that they will send an email, if USCIS requires additional documents and also asked us not call again within 5 days.
Surprise, surprise, The very next day, her EAD case status got updated with a message "Card Production ordered......."
Usually, there would be "EAD approved" message followed by Card production ordered. However, in this case, they directly jumped to "Card production ordered..."
My Advise is to call USCIS, if your EAD is set to expire in just few days. They can do many things out of way to help out.
Hope this helps.
--sri
If your EAD is not expiring soon (within 10 days) and your EAD renewal is still pending, there is chance that your expedited request may not be processed at all.
THis is what happened with my Wife's EAD renewal.
My Wife's EAD is set to expire on Sept 4th and was in a danger of loosing her job, if she didn't have her new EAD in time. There was no word/status_updates about her pending EAD renewal for the past 2 months. Complicating things further she only recently received FP notice.
We contacted our lawyer and she said that we are not eligible to file an expedited case as it is not even pending 90 days, but she did advise us to give it a try.
So, my wife called USCIS on August 26th (promtly at 8:00AM) and gave all the details to the Rep. Rep said that she will expedite the case and wait for 5 days to get a response. She said that they will send an email, if USCIS requires additional documents and also asked us not call again within 5 days.
Surprise, surprise, The very next day, her EAD case status got updated with a message "Card Production ordered......."
Usually, there would be "EAD approved" message followed by Card production ordered. However, in this case, they directly jumped to "Card production ordered..."
My Advise is to call USCIS, if your EAD is set to expire in just few days. They can do many things out of way to help out.
Hope this helps.
--sri
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txuser
03-11 09:39 AM
For me, it took around 1.5 months to receive the L2 approval notice. I filed online on 11/17/2009, mailed the hard copies of the documents (USPS Priority with delivery confirmation) the same day and received the L2 approval notice on 01/08/2010.
You can do a concurrent filing for EAD (I-765) along with L2 (I-539). You'd probably receive the EAD in another month (Generally it takes around 2 to 3 months).
I did the mistake of not filing for EAD concurrently. I filed for EAD the second week of Jan (after receiving the L2 approval notice), Received the notice for Biometrics appointment in 3 days, scheduled for mid-February. Unfortunately, the ASC Office was closed that day due to bad weather and I received a re-scheduled biometrics appointment for the 3rd week of March. So, I am yet to do the biometrics and hopefully I'd get the card 2-3 weeks after the biometrics is done if there are no more surprises.
You can do a concurrent filing for EAD (I-765) along with L2 (I-539). You'd probably receive the EAD in another month (Generally it takes around 2 to 3 months).
I did the mistake of not filing for EAD concurrently. I filed for EAD the second week of Jan (after receiving the L2 approval notice), Received the notice for Biometrics appointment in 3 days, scheduled for mid-February. Unfortunately, the ASC Office was closed that day due to bad weather and I received a re-scheduled biometrics appointment for the 3rd week of March. So, I am yet to do the biometrics and hopefully I'd get the card 2-3 weeks after the biometrics is done if there are no more surprises.
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nvmurali
06-02 02:49 PM
if your employer ( who filled I 140 ) revoke I 140 then chances are there that you may get RFE while H1b transfer. You need good lawer advise. Also there is gray area for porting PD if I 140 is approved and revoked.
My current employer (who's the consulting company) is the one negotiating to let me go fulltime with the client. So, they shouldn't revoke the 140.
My current employer (who's the consulting company) is the one negotiating to let me go fulltime with the client. So, they shouldn't revoke the 140.
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ken
04-09 03:04 PM
I have never been to florida.. This is what concerns me also why they sent the case to miami,fl local office.. I Checked with attorney also he said it is not going to effect the processing of case.
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ram_ram
01-05 10:51 AM
I contributed my 10 cents..Just now.
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senthil1
06-12 07:22 PM
It will take weeks to write the draft of the bill. Then atleast 1 month debate about the bill. So it will take 2 to 3 months even if everything is positive. Even if they are serious they may not have enough time to pass CIR. So 2010 may be right time for CIR.
Congressman scheduled a meeting for Family and Employment based victims. I had a talk with their office , they would like to listen individual stories at the hall. I am planning to attend this tomorrow. CO state chapter please join this .
http://polis.house.gov/News/DocumentSingle.aspx?DocumentID=129256
Congressman scheduled a meeting for Family and Employment based victims. I had a talk with their office , they would like to listen individual stories at the hall. I am planning to attend this tomorrow. CO state chapter please join this .
http://polis.house.gov/News/DocumentSingle.aspx?DocumentID=129256
more...
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floridasun
01-30 11:55 AM
Pardon my ignorance, I am a little confused here ... For EB2, would it not suffice if the job description explicitly says it requires 5+ years or a Masters + 2 yrs ?
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sixpockets
06-20 06:51 PM
Yes, your priority date shud be current when u plan to add ur spouse, otherwise they wont accept the 485 application
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godbless
11-02 01:55 PM
Yes, he will get his EAD. His 485 will not be adjudicated until his PD is current. 140 Preimum doesnt do any help for your brother. He should get his EAD in approx 90 days from the date of receipt.
Can you request your brother to sign up on IV after his work at his facility? Every member counts!
Thanks a lot for your reply. Yes, sure I am going to ask him to sign up on IV.
Can you request your brother to sign up on IV after his work at his facility? Every member counts!
Thanks a lot for your reply. Yes, sure I am going to ask him to sign up on IV.
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shx
05-25 04:01 AM
Fax sent
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jetr
08-27 12:25 PM
Can you please Post the Dates of when you applied for I-140 & when you were APPROVED.
Thx
140 Applied - 10/18/2007
140 Approved - 08/02/2008
H1 6 yr expiry - 03/23/2009
Thx
140 Applied - 10/18/2007
140 Approved - 08/02/2008
H1 6 yr expiry - 03/23/2009
samcam
05-19 10:48 AM
Welcome to our newest member jmehta..
3868 and counting!!
3868 and counting!!
fromnaija
03-18 04:53 PM
This is the wrong forum for you to ask this question. However, I know that (c)(9) is not correct on line 16 for your wife's case. (c)(9) is only for Employment Based GC applicants.
That is not true! (c)(9) is the right code for all pending adjustment of status applicants. See the instruction to Form I-765 here:
http://www.uscis.gov/files/form/I-765instr.pdf
That is not true! (c)(9) is the right code for all pending adjustment of status applicants. See the instruction to Form I-765 here:
http://www.uscis.gov/files/form/I-765instr.pdf
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