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This is correct. Only your attorney will get the RFE.

I got Medical RFE, it was sent to me as well as to my attorney. In fact I got it a week earlier than attorney got.

and he is cute..., that is a must

I am on an EAD (dependent), as my husband was the primary applicant. He has got his GC and mine got stuck after the July - Aug 2007 fiasco :(.

I want to start a IT company with my friend who is a US Citizen. I know my husband is a sure shot to have the company in his name however, he is in a full-time job.

My questions:

1) Can I start / partner with a friend who is a US Citizen?

2) I am thinking of an LLC. Is that ok? or should it be S-Corp? More reading of S-corp says to be US Citizen or US Permanent Resident so I am more leaning towards LLC. Also there is a provision that we could change LLC to S-corp at a later date (if needed).

3) What should I make sure if I go through the LLC route? - like Designation, Salary that I can take, work for the same company etc

4) Does state make any difference? If so how? I am a PA resident and my friend is from Texas. We are thinking of registering the company in Texas.

5) I got my 2 yr EAD valid till Sep 2010. Is there any special procedure that I need to do or just extend it before it expires.

Any tips / advice from the experts will be highly appreciated.

CIR will defenitely not help EB applicants. It will introduce a point system which eventually will screw up the whole system. One reason we have limited applicants to EB based GC now is that we have to be sponsored by an employer. Imagine if anybody could apply the sytem will be flooded and also there will be millions of ilegals to accomodate in some way. CIR is better dead than alive.

I agree and believe we can get #3 passed. It will provide relief to thousands like myself who have to struggle to maintain a status.
I have asked this question several times to IV/Pappu but got no response. Is is possible to ask for this provision asap ? We know that IV is working on a bigger cause to get us all GC's but honestly no one is sure when and if CIR will happen. Even if it does no one can guarantee that our interests will not be put aside.
I am surprised that whenever I ask for this temporary relief, I see no one else coming forward. I know that there are thousands waiting to file their I-485 but no one wants to speak up ?! That's very disheartening !

Even if we can get one of these, especially, Item #3 passed will provide relief to many candidates.

For example, we can request Congress to amend to "Allow USCIS to issue 3 year EAD along with I140 Approval."

Can IV help pass this request on Advocacy days?

b. Do not make photocopies of official US Documents. Its a violation. The official will understand why you made a copy, but ITS A VIOLATION. On that note, please do make a photocopy.

Yes it is a violation. But guess what, USCIS asked me to send color copies of all the pages of my passport, approval notices and I-94 in one RFE. I spent a while trying to convince the law-abiding staples clerk that "the government" asked me to make copies. She kept pointing me to a document that clearly stated that it was illegal and they were told not to do it. Finally she agreed to look the other way, while I made copies in a self service copier.

I want to Thank everyone for turning up for today's meeting, it was a good discussion and I am glad that we got to know each other better.

I am summarizing the things that we discussed and the "Next Steps" that we agreed upon.

These ideas can be applied to any region so any of you guys reading this, feel free to implement them for your region.

This is what we are planning to do in the next few days:



Publicize ImmigrationVoice.org in any/all manner possible within the community to raise awareness about our problems and to persuade more people to join. i.e. place materials in grocery stores, temples, or in other high traffic areas



Always monitor the media for any shred of positive stories about legal immigrants and as we find them, send materials from IV.org to the specific reporter highlighting the problems that we are currenty facing.



Contact all of your respective Congressional representatives and request an In-person meeting in order for us to present our case. If meeting reqeust is denied take names of senior aides and send relevant materials and then follow up to check on progress as to what they are doing about it. Keep bugging them, that is the only way they will respond.



Spread the word to your friends who are still waiting to join us, ask them to contribute to the site or devote their time to this cause. I suggest each of us make a goal of sending an email to atleast 10 people in the next week.



Meet with other resources and networking groups that are sympathetic to our plight (i.e. Indian CEO's council, www.usinpac.com, Indian ambassadaor in DC etc.... ) and ask for their support.



One of the strategic point that was discussed was about the McCain-Kennedy immigration bill and I along with some of the other members am of the opinion that this bill is such a behemoth and contains some radical; provisions on illegal immigration which may eventually hurt it and it may even die.

Since some of the relief measure that we are seeking are part of this bill, if it dies we will be hurt as well. We think we need to work with Quinn-Gillespie to strategize about how we can insert (if possible) provisions related to legal immigration to a bill that has a very good chance of passing. i.e. the PACE bill by Senator Pete Domenici - we need to put pressure on him, flood his office with our emails/faxes and also at the same time talk to our lobbyists to insert our provisions in his bill as it is almost guaranteed to pass.

That is all from me for now. We plan to take action and meet again soon.

Anyone with other ideas, suggestions is welcome to post them and we can incorporate them as well.

Thanks Everybody for your support and time.

1). I just mailed (paper filing) I-765 for renewal of EAD. Reason: Last year, because of a tiny/immaterial mistake (in e-filing) my EAD was delayed to close to 120 days..

2) As per filing instructions (feb,2010) I donot think you have any choice/option as to where to file.

Make your own choice, good luck.
are 2 locations based on states where you live.

Dallas and Phoenix.
If you live in:

Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Guam, or the Commonwealth of Northern Mariana Islands.

Mail your application to:

USCIS Phoenix Lockbox

For U.S. Postal Service (USPS) deliveries:



USCIS

PO Box 21281

Phoenix, AZ 85036

For Express mail and courier deliveries:


USCIS

Attn: AOS

1820 E. Skyharbor Circle S

Suite 100

Phoenix, AZ 85034




Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Oklahoma, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or West Virginia




USCIS Dallas Lockbox

For U.S. Postal Service (USPS) Deliveries:



USCIS

PO Box 660867

Dallas, TX 75266



For Express mail and courier deliveries:



USCIS

Attn: AOS

2501 S. State Hwy. 121 Business

Suite 400

Lewisville, TX 75067

can you please let us know some details. I am in the same situation.
Nov2004, EB3, I140 approved and I485 applied.

1. what happens to the present ead, after filing the new I140.
2.After I140 do we have to apply for new I485?



It took almost 3 months to get the approval. Key points:
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.

Hope it helps....Good luck

But see that is exactly my question. Say u surrender All your I-94 copies. however on entering they still give you a BRAND new I-94 on the airplane (assuming you are crossing by airplane ofcourse). Now That has a totally new I-94 number than what your H1B I-94 had. That is where i get confused.

Crudely stated, I94 indicates the date by which you ought to leave US and is given to you when you land in the US - so you will have a new I94 number every time you enter US. I don't think you should bother about more than two I94s at any time. One will be the one on your passport and the other in your newest H1B approval in case you have an approval after your entry into US. Let's say you are one of the "happy" folks who have to extend H1B every year: So here, when you leave US you submit the I94 from the H1B approval document (I797) that you'd be using to get your visa stamped abroad. When you land you'd get a new I94 that's valid until the date in the I797 (= visa expiry date now in your passport).

Well, you have to quit job in USA before moving to India. When you go out of USA, your H1-B status is gone. Read gain, your H1 status is gone. So your spouse can not be on H4.

You should consider getting professional advice both for your immigration issues as well as your personality disorder.

Get a life!!!


________________
Not a legal advice.

kavitha Tell your husband go file for a new H1B for him or file a F1 , if not once your company withdraws your H1B petition he is out of status and will be come illegal ...

hope this helps
Thanks

Any one knows which Airline is good (Cost & Service) from Newark to Bangalore? I have flown AI with stop over in Bom, but would prefer something direct to Bangalore.

Thanks

I agree with your point 1. But there are some companies who still apply H1B here. I am not sure who they are and what field they are in. But I have heard. Anyway your point about spouse is valid.

But again, do you think EB2 will move faster and become current anytime soon? I dont see that possiblity without change in system (law). And once it changes then it will be same for both EB2 and EB3. If your new job will bring in stability and growth then it would really make sense to switch even if converting from EB2 to EB3 in these times.

Prior to October 2005, I would be have been thinking like your are thinking.
I like your thoughts

I would want a faster GC for many things
a) Spouse can work in any field. People can be talented in many other skills but cannot work because of EAD factor.

b) I can go out of country any time. There are lot of checks at embassy and I am with them that they need to check all about me or anyone, but it takes months to get clearance and I cannot leave my job. Nor the job would keep me with 4 month vacation .Many of my friends have gone through this.

my two cents

Man you're weird too....


SPAM SPAM SPAM


:::::runs away too::::: (HA!)

I had dream last night, part of which I still remember.

As usual in the evening I went to check my mails and found a mail from USCIS. I opened with surprise , preparing myself mentally , which document would they be requesting now. and.......
I screamed in excitement , it was my greencard. I was shocked, and now I was thinking what can I do with the greencard, I thought I should change my jobs which I always wanted, as my job sucks, but realizing that after a month I am going to retire so, dropped that idea and then I started thinking what else I wanted to do when I'll get my GC, and told my wife the idea of now buying the house, but she told me that as you are going to retire next month lets go back to india and the savings that we are left with after paying the taxes , social security and immigration attorneys, will buy a 2 bedroom apartment in India only.
I asked her what about travelling to Europe that you always wanted, but which we never did for the reason, that what if there will be an issue on travelling with AP,but she told me with my blood pressure and and her arthiritis, it won't be possible.

And then..... I started thinking what I lost in the race to get the GC and what I am left after getting the GC. Sadly threw the GC in the trash and again started browsing the forums on immigrationvoice.org. As after these many years,browsing IV forums became my habit.

And then the alarm woke me up and as usual I started to get ready to spend another day in Paradise, in the country of DREAMS.

Quite fun to read.

Someone please help...I have a limited time to respond to this and would be great to hear from someone who received similar RFE and responded.

My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.

My 140 is still pending

As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.

All the same, I would still get a H-4 as this will be advantageous as,

1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?

2. AP takes a long time to come and she has to make an urgent trip back home?

3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.

The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can.

Folks,

I am a July filer, I called USCIS last week and they stated that they need a new set of biometrics. I had initially given my biometrics after I filed my AOS last year in July 2007. According to what I have read USCIS should be able to retrieve my biometrics from their Biometric storage system. Should I call USCIS and argue with them which may be futile. Or should I just bite the bullet and await the new biometric appointment. I would appreciate any input.

PD: 10/2002
I-140 - Approved Jan 2007
Category - EB3, ROW

relax until the new biometrics notice comes. Chances are it never will. The CSR you spoke to probably did'nt read/know the new rules.

Champu,

Congratulations! Did you get second Fingerprint Notice? When did you for Finger print latest? Can you please let us know.

Thanks.

Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)

Hi GC gurus,

I am in dilemma and seek your help desperately.
Currently i work for a consulting company A (around 500 employees). He provided me with a pre-approved labor(EB2 category, pd 02/05) and recently got my 140 approved. The client(say company B) i am working for has offered me a full time position and i am willing to take it up. But according to the company's (B) policy the GC process can be started after one year of joining.

I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...

2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?

Please provide me your input asap as i have to decide very soon.

EB3_NEPA

As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.

And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.

If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...

I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.

Hope this helps...