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  • deecha
    06-17 01:20 PM
    So if i created an app and sold it, wouldn't i be working for myself and deriving financial compensation?

    He could have developed the app outside the united states. He could have written the app in his spare time (He is not being paid to do it, maybe just a hobby). When he sells the app., it is not a salary. It is more like a dividend or rent (An H1B/F1/etc. can legally own property and derive rent .. it is not employment income). Furthermore, he can set up a LLC or an INC and sell the app through that but he should not have worked for that company while developing that app.

    Lots of ways to get around it. Most laws are subject to interpretation and they're not absolute. If laws were absolute, we'd all be in the grip of tyranny and be slaves. There are only a few natural laws that are absolute.

    As one person said on one of the threads (I think EB2 vs EB3), there is a tendency for people to achieve something and then set the bar just below them to exclude other people from competing with them either through laws or deprivation of resources (History is replete with such examples .. look at the kind of laws and regulations people are trying to pass). We must guard against such behavior/attitude and allow everyone a fair chance to succeed in life.





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  • va_dude
    08-31 11:51 AM
    I think there's a whole lot of people who haven't received a notice for the second round of FP and there is a group who have received it too.

    My attorney also suggested that uscis is working on reusing the initial FP. Not sure if there's any truth to this.





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  • fromnaija
    07-21 03:45 AM
    If by Phoenix you mean Phoenix, Arizona, You are welcome! I live in Phoenix. I hope you are prepared for the HEAT!
    You could use your current address to file and change your address later using form AR-11. However, after submitting the form you have to call USCIS customer service to effect the change of address on your outstanding cases. Alternatively if you change your address online through USCIS web site, you don't need to call customer service. But I'll advise that you call them anyway. Good luck.

    I am moving July 25th,07 from New York to Phoenix.
    Which address I should to give attorney to File AOS.
    She plan to file before July 31st,07.
    But so far we didn't found Apartment in Phoenix.
    Thanks in Advance.





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  • yabadaba
    02-07 10:41 PM
    I did it all by myself, following directions found here and there around the forum. I got the working permit in about a month. Hope it Helps
    Chelo


    This is my cover letter and I did everythig as it says:

    To: U.S. Citizenship and Immigration Service
    Texas Service Center
    4141 North St. Augustine Road
    Dallas, TX 75227

    From: Mr. XXXXXXX
    ADRESS st,
    City, State, zip code
    Tel: (111) 123-4567
    Email: whatever@whatever.net
    mm/dd/yyyy



    RE: Original Submission of Application for Employment Authorization

    A# ?????????

    Dear Sir or Madam:

    Please find enclosed the application package for Employment Authorization (I-765) of me, Mr XXXXXXX.
    Aplication form and Supporting documents are enclosed arranged as follows:

    Form I-765 (EAD) dully filled
    Filing Fee: Personal check in the amount of $340, payable to the U.S. Department of Homeland Security;
    Receipt notice of form I-485, copy of the receipt,
    Identity Document: copy of Visa issued by Consulate, copy of Driver License,
    Photos: Two color passport photographs placed in an envelope;
    Other supporting documentation: Copy of I-140 approval notice

    Kindly, process the above referenced application at your earliest convenience.
    If you have any questions or need additional information, feel free to contact me at any time. Thank you in advance for your consideration to this matter.
    Best regards,



    Mr. XXXXXX

    U can do it online...takes 15 min



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  • raydhan
    01-31 11:17 AM
    Dear "colleagues in faith" :-), there is only one way to change the things with this immigration trap - we have to win the public opinion!

    Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.

    The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.

    bkam,
    Please note that Immigration is not a right. It is a privilege that we are given by this great land of immigrants. Nobody put a gun to our heads and forced us to come here. If you feel bonded by your current employer, you can leave and go back to your home country where you will not be a "legal slave".

    If we have the skills and the right knowledge....WE ARE NOT SLAVES AND WE WILL NEVER BE.

    Regarding your statement that the members of our family cannot work legally and our spouses lose their professional career........that is B.S.
    Ever thought of asking your spouse to get higher education and get H1-B like some of our spouses do? In that way they will not "lose their professional careers" as you claim. Au contraire...they will only enhance their professional lives.

    Think for about 5 minutes before you state certain things and type them here.

    Good luck.





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  • TheCanadian
    01-02 12:09 AM
    I think we should have a Flash 5 AS1 contest for nostalgic purposes.



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  • siva008
    02-24 12:38 PM
    I have a Master's program in US and had 3 years previous work ex. Filed my H1B transfer on Sep, which was recently converted to premium processing. Got the RFE as listed below:


    If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.

    With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:

    ) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;

    2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty

    3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation

    A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;

    B) Membership in a recognized foreign or United States association or society in the specialty
    occupation;

    C) Published material by or about the alien in professional publications, trade journals, or major newspapers;

    D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements



    if any one has similar problem please share

    Thanks





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  • eb3_nepa
    04-23 11:50 AM
    What about EB1s? Were they also Unavailable in the interim July 2- July 17 blackout period?



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  • belmontboy
    05-22 07:35 PM
    I want to apply labour with another employer based on future employment and when that labour get approved for how many days it is valid, can i apply I 140 for that labour .

    Do i have to take transfer in order to apply for I 140 ?

    Can two I 140 process parallel ?

    Thanks for you all support..

    Keep up the Good job

    what is the rationale behind applying two I140's?





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  • abracadabra102
    12-19 11:29 AM
    My Friend, My Friend' Friend and Friend.. and the story goes on. I am sure you Friend has access to net and can express himself... ask him to post here and I am sure he will get ton's of first hand advise..

    I second this post. Your "friend" should learn to fend for him/herself and post directly here.



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  • lostinbeta
    10-21 02:03 AM
    True.... but I don't have a camera to practice on :P

    Not even a digital one :(


    Oh well... I will get over it..

    Have fun on your camping trip =) :beam:





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  • vactorboy29
    02-24 02:25 PM
    Consider this, I am an H1B and my perm has not been filed yet. I have been contributing to the IV posts(not monetary so far)...and haven't asked any question/query myself yet..... what do you want me to do pay money to reply to a post where a guy needs help on how to complain to DOL or if there is a link on CNN and I want to share with fellow IVians??

    Yes this is discussion forum but we have Job to get it done through our members. if members doesn't help us financially then we are loosing our edge. Nothing is free here (America), all actions are cost associated with it just calling senator or writing letter is just part of action.we need to convince our fellow member to contribute financially like donating money for good cause.Thanks



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  • saimrathi
    08-02 01:41 PM
    Yes, copies should be fine..IMHO only, you can check with a lawyer though.

    Gemini,

    Isn't it enough to send a copy of the Affidavits of Birth and not the original. I think USCIS requires only copies of all documents. Correct me if I am wrong.





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  • gbeltrao
    08-30 04:42 PM
    My wife had her fingerprinting done about a year ago. Same happened for the medical exam. I had my I-140 approved and we're now on the I-485 stage. Yesterday my wife received a letter scheduling an appointment to do a biometric at our local uscis office... what is this biometrics about since the med exam and fingerprints are done? Would this be for the final interview or are there an specific letter for this? :confused:



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  • gc4me
    12-04 12:04 PM
    I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!

    A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
    So think twice before you disclose that you are unemployed.


    You are welcome. Another important thing to look at (from the document) is that for the first 26 weeks of unemployment, benefits are disbursed through a fund paid for by unemployment taxes on companies, thereby not making it a public burden. After 26 weeks, however, extended unemployment benefits are paid by the federal government, which makes it a public burden, which would be detrimental to a person's green card prospects.





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  • smiling08
    09-12 12:21 PM
    I am in this case, and I am on my OPT in the US. If I have the I-794B now, and will be valid Oct 1, 2008, can I change my employer and transfer H1-B? Or I have to activate it first. Thanks a lot!

    your employer while applying the h1b , they did not applied for change of status to h1b. they just applied for h1b only. so you did not got the i-94.
    so until you out of the country and get it stamped h1b and re-enter you h1b will not be activated.

    since you have your f1 valid until december...you can go for stamping before that date or you can also amend h1b for change of status thru your employer also.

    hope this helps



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  • a_to_z_gc
    10-24 04:10 PM
    If the I-140 is approved, you mentioned that the EB category can be changed if the process is initiated from scratch. Does the new application has to be in same area of occupation as the one for which the previous 140 was approved?

    Kindly advise...

    Thanks!

    Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.

    Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.

    So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.

    For tips to the other readers.

    Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
    One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"

    This has worked in many cases as doing such bothe employer and employee gets best of both worlds.





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  • Domino
    04-25 12:12 PM
    I actually did chose the safe option and was approved for the O-1 for 3-years. Hopefully during that time something will happen to help me in the future (like a University Teaching position, or at least proving additionally valuable to the US, etc.)
    So, for now resting from all that..





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  • NKR
    05-08 03:20 PM
    My opinion:

    Well, can the Java Programmer walk the ramp and pull it off like a professional model? Their work is a lot harder than it appears on the outside taking into account the success rate among models. Considering that even school kids can write excellent java programs, if we still want to consider the Java programmer as "highly skilled", then so are models.

    Giselle Bundchen is worth half a billion dollars or somewhere in that range.

    Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)

    The words �highly skilled� have been the most misrepresented words. H1s is not only for highly skilled and not all programmers are highly skilled but some are�

    These words have been used by pro and anti-immigrants alike in equal measure. One group wants an increase in H1 saying that US has shortage of skilled labor. The other group ridicules this statement that even kids can do programming.

    �H1 is not only for highly skilled and it is not only for programmers�





    bondgoli007
    02-23 01:39 PM
    Why people ask dumb questions. For me most of these questions are dumb and answers are obvious.
    Easy on the guy pal! I am sure he would not have come here to seek help if the answers were so obvious to him.

    unseenguy, A lot of companies all across the country are resorting to pay cuts and there is no guarantee that the job will remain either. Mine announced 5% cuts and cut other benefits that had made working in this company attractive.

    I am sorry to hear about the job loss already in your household. Here is my suggestion....Do keep a lookout for better opportunities but try to get your wife a job before you change yours. Invoking AC21 is a option but use it only if you find a better opportunity or at least better stability. I know it is a cliche but hang in there and know that there are a lot of families all across this country who are in similar or worse situations. All the best and please fill in your details like PD and GC processing stage.





    arunmohan
    08-08 06:20 PM
    Group:

    Please vote this poll. I am ready to any kind of support. We have to do something for EB3.



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