wantMyGC
09-12 08:22 PM
Hello Attorney,
My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.
Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.
Can you please help me by answering following questions.
1) What are the precautions I should take to protect my green card?
2) Can I leave the present company and start my business by forming an LLC?
3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?
4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?
5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?
6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?
Thanks for your help in advance
My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.
Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.
Can you please help me by answering following questions.
1) What are the precautions I should take to protect my green card?
2) Can I leave the present company and start my business by forming an LLC?
3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?
4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?
5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?
6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?
Thanks for your help in advance
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babydiams
04-20 04:22 PM
The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)
USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
"Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."
Thanks for the input
USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
"Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."
Thanks for the input
bongopondit
07-27 12:53 AM
You can apply for a PCC from Regional Passport Office. I got mine for Rs.300/- at the Passport office in just 2 days and its very simple. If you want a PCC from Police Department its a big hassle in India, you can approach only the Superintendent/Commissioner's Office to request one. Mostly Police in India demand money for these kind of simple things, its nothing but "bribe" which I'm against.
Hi edaltsis,
can you tell me which RPO you went to to get the PCC done ? We are in a similar boat. Consulate interview coming up, we are in Australia, local consulate giving us a hard time - saying they will need 2 months to get a PCC !!!! So planning to go to Kolkata to get it done.
Hi bluez25
As far as I could make it out, you dont have to have all the documents at VFS - you can submit your PCC at the time of the interview. I remember reading somewhere in the Mumbai Consulate website that you can even submit all your documents at the interview, but you have to pay the courier fees at VFS 10-7 working days in advance. Hope this helps.
Also, for you and anyone else attending Consular Processing, I got this in an e-mail from the Mumbai Consulate:
"Yes, you may bring a PCC from the Regional Passport Office in India. Also, if you can, you may get a PCC from the police certificate from the local police station in addition to the PCC from RPO. The PCC from the local police station is not compulsory, but the other PCC is a must from the RPO."
Hi edaltsis,
can you tell me which RPO you went to to get the PCC done ? We are in a similar boat. Consulate interview coming up, we are in Australia, local consulate giving us a hard time - saying they will need 2 months to get a PCC !!!! So planning to go to Kolkata to get it done.
Hi bluez25
As far as I could make it out, you dont have to have all the documents at VFS - you can submit your PCC at the time of the interview. I remember reading somewhere in the Mumbai Consulate website that you can even submit all your documents at the interview, but you have to pay the courier fees at VFS 10-7 working days in advance. Hope this helps.
Also, for you and anyone else attending Consular Processing, I got this in an e-mail from the Mumbai Consulate:
"Yes, you may bring a PCC from the Regional Passport Office in India. Also, if you can, you may get a PCC from the police certificate from the local police station in addition to the PCC from RPO. The PCC from the local police station is not compulsory, but the other PCC is a must from the RPO."
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rajnag21
08-08 10:31 AM
Hi All,
I have one question. I have 140 and 485 concurrently applied. If there's an rfe o 140 will they ask for paystubs ? I have some personal problems recently and I dont have paystubs for about two months.
Please advise.
I have one question. I have 140 and 485 concurrently applied. If there's an rfe o 140 will they ask for paystubs ? I have some personal problems recently and I dont have paystubs for about two months.
Please advise.
more...
vandanaverdia
10-28 05:03 PM
bump
dbevis
January 20th, 2004, 11:07 PM
Interesting. This is my first autofocus camera. Maybe I'm trusting autofocus too much? I'll try again with a smaller aperture and maybe do a manual focus. Maybe it's just a learning curve, but I have this camera with all of this automation and it seems that, more often than not, I'm shooting in manual mode and now considering using manual focus. With my AE-1 and A-1 bodies I rarely used the automated modes. I was hoping the 300D would be better, but it seems that when I use an automated mode I'm not happy with the settings it chooses. Do you folks with the professional cameras use the automated settings very often? How about autofocus?Or do I just need to get better at understanding the automated capabilities and use them properly.
Thanks for the image feedback.
Gary
As good as autofocus is, it is still "dumb" - it has no concept of what you WANT in focus. It just hunts down an area with a sufficient contrast gradient and locks onto it. The focus rectangles are only an approximation of the area evaluated by the AF logic, anyway. In fact, the target area is almost twice the size of the marker in your view finder.
So it's not perfect, not foolproof. I almost always am in Av or Tv mode, occasionally M. I have yet to use the automatic modes with the little pictographs. When I know I need control of depth of field, I set the aperture in Av. When I know I need to freeze the action, I set the shutter speed in Tv. Sometimes, M is called for (like shooting a macro closeup with flash).
The "crop factor" (a D60/10D/DRebel sensor that is 62% of a full-frame 35mm film body) only compounds the problem because the things that are out of focus are 1.6 timse bigger and therefore 1.6 times more noticable.
The guy who coined the phrase, "Practice makes perfect" had to have been a photographer. :)
Don
Thanks for the image feedback.
Gary
As good as autofocus is, it is still "dumb" - it has no concept of what you WANT in focus. It just hunts down an area with a sufficient contrast gradient and locks onto it. The focus rectangles are only an approximation of the area evaluated by the AF logic, anyway. In fact, the target area is almost twice the size of the marker in your view finder.
So it's not perfect, not foolproof. I almost always am in Av or Tv mode, occasionally M. I have yet to use the automatic modes with the little pictographs. When I know I need control of depth of field, I set the aperture in Av. When I know I need to freeze the action, I set the shutter speed in Tv. Sometimes, M is called for (like shooting a macro closeup with flash).
The "crop factor" (a D60/10D/DRebel sensor that is 62% of a full-frame 35mm film body) only compounds the problem because the things that are out of focus are 1.6 timse bigger and therefore 1.6 times more noticable.
The guy who coined the phrase, "Practice makes perfect" had to have been a photographer. :)
Don
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makemygc
06-14 11:20 AM
Any one???
I have the same question which I posted on another thread. I'm sure several people must be in this dilemma. With the immigration-law.com posting on this matter, it is now a matter for worry.
Note from Immigration-law:-
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease employment before it reaches 180 days and wait for the EAD approval. Record keeping will be extremely important in this case.
Can someone answer please???
I have the same question which I posted on another thread. I'm sure several people must be in this dilemma. With the immigration-law.com posting on this matter, it is now a matter for worry.
Note from Immigration-law:-
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease employment before it reaches 180 days and wait for the EAD approval. Record keeping will be extremely important in this case.
Can someone answer please???
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logiclife
02-15 12:03 PM
One more thing about stamping in Canada and Mexico.
The chances of getting a new H1 stamp, even if you have another H1 stamp that's expired, are very low if you have no college Education from USA.
So if you have your college degrees from outside USA, its best to go to home country for stamping. The reason is that the consulate would simply pass the buck and say "Go to your home country for stamping as we do not have qualified people to evaluate your education from India/China/whatever".
On the other hand, if you have MS, or BS from USA, then visa stamping should be a fairly easy process, unless there are other complications in your case.
Then you would have to fly directly from Canada to your home-country for stamping.
The chances of getting a new H1 stamp, even if you have another H1 stamp that's expired, are very low if you have no college Education from USA.
So if you have your college degrees from outside USA, its best to go to home country for stamping. The reason is that the consulate would simply pass the buck and say "Go to your home country for stamping as we do not have qualified people to evaluate your education from India/China/whatever".
On the other hand, if you have MS, or BS from USA, then visa stamping should be a fairly easy process, unless there are other complications in your case.
Then you would have to fly directly from Canada to your home-country for stamping.
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abdulazeez77
08-14 06:06 AM
On reading my last post again, I don't think it is very clear. Let me try to explain again. When my wife comes back into the country, she needs to get a new I-94 at the port of entry. One of my friends mentioned that there is a possibility that the officer could mistakenly stamp the date on the new I-94 card as the same as on my wife's visa stamping (Dec 2007 as per my prior employer). In order to avoid this, should my wife pre-emptively submit her passport as well as transferred I-797 and I-539 and request the officer to stamp the new dates on the I-94 (Dec 2009)? Please advise.
Regards,
Azeez
Regards,
Azeez
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alterego
11-11 09:22 PM
both the parties have decided not to touch immigration at all this year (till elections) they have decided against any increase in any numbers (h1b's, GC's) etc, so much so that the senate are requesting chertoff (homeland security secretary) to increase the OPT time for international student to 2.5 years so they can temp overide the h1b jam.
Did you hear Sen. Grasley last week? There are many bills to be concluded before the end of the year. There is a lot of pressure from corporate America right now. The US economy can ill afford to alienate capitalists at this juncture.
There are also other skill sets like Medicine, Nursing and other areas where there are well documented shortages, the issues of these fields have been held up in the overall debate over H1bs. Legislators are aware they have to address these also.
Did you hear Sen. Grasley last week? There are many bills to be concluded before the end of the year. There is a lot of pressure from corporate America right now. The US economy can ill afford to alienate capitalists at this juncture.
There are also other skill sets like Medicine, Nursing and other areas where there are well documented shortages, the issues of these fields have been held up in the overall debate over H1bs. Legislators are aware they have to address these also.
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upuaut
09-15 07:34 PM
Ha!! great to see it worked for you right off the bat. I'll have to check out that feature once I get MX.
It is, by far the biggest pain in the butt effect I've seen done which contains absolutely no action script.
It is, by far the biggest pain in the butt effect I've seen done which contains absolutely no action script.
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LOL123
07-30 11:47 AM
Bump >>>>>>>>>>>>>>>>>>>>>
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belmontboy
03-05 08:24 PM
Can we all try to list some big so called stable banks (as of this writing)........... all we can do is keep the funds in them, but if FDIC tanks, we will loose a LOT.
Wells Fargo
Bank Of America (People may differ with me on this choice)
can we add more to this list
chase
Wells Fargo
Bank Of America (People may differ with me on this choice)
can we add more to this list
chase
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la6470
06-03 09:45 PM
Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)
It shows self employment and H1B cannot prove employer-employee relationship.
>>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?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"
It shows self employment and H1B cannot prove employer-employee relationship.
>>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?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"
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flipflop
10-10 06:57 PM
We are also in the same boat. My wife and me finished FP on 10/2. Its already been 9days. No LUD on my case or my wife's case.
Do I need to worry or This is quite normal?
What if USCIS didnt have this nonsense LUD field in their online status, won't you have lived in peace?
Do I need to worry or This is quite normal?
What if USCIS didnt have this nonsense LUD field in their online status, won't you have lived in peace?
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desibechara
09-22 07:48 PM
hi:
I am not on I140 now but in my situation ( whenever that comes, if that comes!)..I have been working for my current emplyer for 7 years and if I were to file I140 tomorrow :) ..am I supposed to look & get the job experience from soebody I worked around 7 years ago...they don't even remember me!
my situation- labor filed Oct 2001( after 9/11 happened, I could have applied earlier but for my stupidity!)..(my attorney filed in EB3 ..and I do not know why..)..and I am stuck in the mud now...
please let me know...because I will have to really folow up on them..
Sandeep
I am not on I140 now but in my situation ( whenever that comes, if that comes!)..I have been working for my current emplyer for 7 years and if I were to file I140 tomorrow :) ..am I supposed to look & get the job experience from soebody I worked around 7 years ago...they don't even remember me!
my situation- labor filed Oct 2001( after 9/11 happened, I could have applied earlier but for my stupidity!)..(my attorney filed in EB3 ..and I do not know why..)..and I am stuck in the mud now...
please let me know...because I will have to really folow up on them..
Sandeep
more...
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senthil
01-30 07:47 AM
seem like you clearly know the reason what caused this. as mentioned by our friends, right supporting documents and a good attorney should get your job done like a piece of cake. good luck.
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techbuyer77
06-19 12:25 PM
Can people still get interim?
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keepwalking
05-13 04:56 PM
My priority date becomes current on June 1st. I need to add my wife (dependent) to my green card process. Please let me know how long it takes for her to get her green card. We stay in Houston, Texas. My I-485 is with Texas processing Center.
vallabhu
02-01 11:07 AM
please post a link to this survey
saibaba
12-07 06:53 PM
guys,,
where can I find these codes related to my present(per GC) and other jobs i'm looking around to fit in my original job designation and responsibilties?
Like the intiator in this thread came up with some job/occupation codes which starts with 15 - XXXX ..he talked abt getting it from the approved Labor
I have access to my approved Labor and I-140...but where can I find these codes in those documents?
where can I find these codes related to my present(per GC) and other jobs i'm looking around to fit in my original job designation and responsibilties?
Like the intiator in this thread came up with some job/occupation codes which starts with 15 - XXXX ..he talked abt getting it from the approved Labor
I have access to my approved Labor and I-140...but where can I find these codes in those documents?
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