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wellwisher0204-07 06:20 PMSorry to hear about marital discord. Do talk to your attorney and see what steps needed to be taken further.

My advice, first concentrate on your family. Do try to resolve the issues with your wife. Do give preference to your daughter. Green Cards / Work permits can be obtained later also. Don't worry too much about the GC.

---
Good advice, Syed.
I endorse it! We'd like to see them together.



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upuaut09-15 03:27 AMAre you talking about the "rayoflight" effect?

If so, I built a tutorial on replicating it, which is located here.

http://www.kirupa.com/developer/flash5/rayoflight.asp

if it's not that effect, write back and let me know what you're talking about.



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enthu99907-16 11:01 PMHi,

I am Canadian citizen and planning to file AOS(ofcourse if there is some news from USCIS:)) currently, I am on TN visa which is of temporary intent unlike
H1B which is dual intent.

Planning to travel to Canada in Sept'07 while I am on TN and be back in Oct'07 on H1B which will be valid from Oct-01-2007 till Sept-2010. Will there be any problem if AOS is filed before I leave to Canada.

Also, my current TN Visa is valid till Sept-30 and my H1B will be effective on my travel back from Canada, if there is any gap between Sept-30 and the date I travel back will there be any problem due this gap once the AOS is filed?

Please advice,

Thank you



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kkt_tkk10-19 07:57 AMHi,

Can you explain in detail, how you defined your education in Labor certification?.
It depends on that, if you defined combinational ( and/or experience), then no issue.
All the best
KKt
Hi,
My I140 got rejected with reason "Education Equivalency" not once but twice, because I just have 3 years of Bachelor's degree (BSc Comp Science) and one year of diploma in computer science.
So my employer reappealed it, now the status of my I-140 is showing as "Sent to AAO" would like to know if there are any chance's of getting I140 approved? Did anyone had this kind of issue. Please reply!
Thank you.

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indianindian200607-28 02:00 PMI got the same LUD on AP on 7/27/2008
EB2 India PD 04/2006.



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sodh07-11 09:37 PMEverything has its charm once, try something creative.

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rajczar07-29 05:59 PMHi there, First of all thanks for all active participants you are doing a great service.

One of my friend has a unique situation. His wife and daughter ( both on GC and daughter is 10 years old) has to live outside US for long time due to her health situations. These are the things happened.

1. First time she went to India and stayed there for almost 1 year ( but less than 1 year ) and both came into US with out any problems, but stayed in US for only 1 week to 10 days.
2. Now both are still in India and its been approximately 1 year 10 months ( didn�t fine any extensions or anything like that).
3. Now she got recovered completely and want to come back to US to join her husband, Can they both come back to country with out any problems? Does she need to file any documents to USCIS or in US consulate in India.

Your responses would be much appreciated. Once again thanks for all your help.



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InLineOnLine03-10 03:23 PMHi,

I have filed 140/485 for myself and wife as dependant. Unfortunately, there is a RFE on 140 and wife still has not recieved the EAD. I have just realized that my wife's H1 B 6 years will expire in another 4 months.

What are the options to extend my wife's H1B beyond 6 years as she doesnt have the LC on her name.? I have another 2 years left on my h1b.


Please adivse.

Thanks and Regards

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gcseeker200204-28 05:50 PMBelow is my understanding as I searched for answer sometime back.

yes, you can change employer. You have to get into similar job. The only problem is your H1 extension. For that, the old employer should not revoke the I 140. You old labor should be valid until you finish the GC process.

If anyone thinks othewise, letme know.
There is a major thread in this forum about changing jobs after 140 and keeping old PD if we file new labor and 140 with new employer. Many people even confirmed this with their lawyers, now why is the issue of Ac21 not invokable coming up?? If you have approved 140 go ahead, get your 3 yr extension of h1b and transfer it to some other employer, only problem, you have to restart the process but will get old PD after labor.



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s_r_e_e11-29 02:18 PMtheir email notif system doesnt work.. they may not send email on even hard lud.. I got email for my EAD approval a month after getting the card in hand! ..

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rbalaji510-30 03:02 PMWe got the same problem for my wife. There is a 'n' missing in her last name (our mistake)- I called the USCIS, they said we need to send the I-765 application again with the wrong EAD card. If it is your mistake we need to pay the application fees again. If it USCIS mistake (like typo), then there is no need to pay the fees.
Since my wife is not going to work / or use EAD till next year, I am planning to submit her application while renewing the EAD. Moreover, I went to SSN office with this wrong EAD, They identified the spelling mistake in the last name, they accepted the SSN application and going to verify with USCIS before issuing SSN. Since all other records in the USCIS has the correct name, We hope this should be ok.



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kshitijnt06-03 05:40 PMSet up your own company LLC. and ask them to sign corp-corp or 1099 and you be the sole owner of this company.

This way even if you dont get full time offer you can defend self employment.

W2 Contract can be a problem because of USCIS's perception of permanent job.

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485Mbe400103-20 02:56 PMinstructions from Oh's site

03/20/2009: USCIS to Release Answers to Scope of TARP-Funded Employer Restrictions to H-1B New Hire

AILA has reported the USCIS update on this issue dated 03/20/2009. According to this USCIS release which may be released on its website soon, the people will be either subject to the new law or not subject to the new law:
Those Who Are Subject to the New Law:
Any LCA or petition filed on or after 02/17/2009 by such employer for hire as a new employee regardless of whether he/she is already in H-1B status and regardless of concurrent new employment by such a new employer.
New employment based on a petition approved before Feb. 17, 2009 but the H-1B employee had not actually commenced employment before that date.

Those Who Are Not Subject to the New Law:
H-1B petition to extend the H-1B status (EOS) of a current employee with
the same employer (TARP funded).
H-1B petition seeking to change the status (COS) of a current U.S. work authorized employee to H-1B status with the same employer (TARP funded).
It is a huge relief for those nonimmigrants who are currently working with the TARP employers who need extension of their current H-1B status or change of their nonimmigrant status from other nonimmigrant classification to H-1B, particulay in the FY 2010 H-1B cap filing on or after April 1, 2009. We salute the USCIS leaders for such lenient and liberal interpretation of the new law. For details, people are advised to wait until it is published in the agency's website.



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Administrator212-09 11:38 AMIs there any hope for us...

There is always Hope. For those who want guarantees even before making an attempt, just remember that seeking such assurances will certainly cause failure for everyone.

Is recapture there? Will Eb-3 or my eb2 date move? Then when will I get my green card approval? Those are all valid questions.

But perhaps we need to rise up above simple answers from a very complicated situation and just do our share, give it our best for the solutions we are looking for. Do not intended to get preachy here, but I hope you get the point.

Thanks for everyone's hard work for actively participating in Action Items and calling your Senators.

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AmericanAccent09-06 10:29 PMI am not sure how your T and R is ,American Accent has T/R in unique way

American accent uses toungue movements in a specific way (just like any languague has its own movements)

It depends from person to person ,and the teacher helped me personally as per my need

And yes Im still practising my Exercises


IMHO, Any one will not get the accent because of training. One will come closer to the accent only over time. How ever, it will never be perfect.

On the flip side, why would any Highly Skilled Immigrant working in American companies want to learn "accent" off of work. Their work place offers a lot than the website suggested.

Am I feeding a troll? I guess..



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hojo09-09 08:50 PMwouldn't importing a png into flash throw the file size way up there?

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greyhair06-21 09:31 AMIn 2001, Congress passed a bill called American Competitiveness for 21st Century. This bill recaptured all unused/wasted green cards between 1992 to 2000. These recaptured green card numbers were suppose to be applied for EB by distributing them from 2001 to 2005. As the result starting 2001 you see higher than 140K green cards numbers allocated. However, those additional green cards which were suppose to be applied starting 2001 were wasted, in addition to the green card numbers in 2006 and 2007. Also, my understanding of the law is that if in an year, green number is not utilized in FB, in the last quarter of the year that green card visa number could flow to EB . Likewise, if a green card number is not utilized in EB, in the last quarter the unused green card could flow to FB.

I read on this forum that starting 2001 (after the unused visa numbers were captured the last time) the total of these unused/wasted green card numbers from EB + FB is around 316K. Hope this clarifies your question.

But don't count on any new law to recapture green card visas outside of CIR. It is not going to happen. IV core team said that the administration, and both Republican and Democratic lawmakers are opposed to do anything outside of CIR.

Here is today's news in Politico indicating the same thing -
Jon Kyl: Obama holding border 'hostage' - Andy Barr - POLITICO.com (http://www.politico.com/news/stories/0610/38789.html)

If Administration can tie high profile subject such as border security with CIR, is there any chance that lawmakers will let Recapture through (outside of CIR)? I don't think so.



I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.

Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435


if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.

Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435

As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.

I'm curious to know, what recapture means, when it seems visas have not been lost.

The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows

Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642

So are we trying to recapture 271k visas from this calculation?

If the experts could shed some light on this, that would be great.



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Saarissimo06-03 05:08 PMThank you all for your replies and comments. A few things I know based on previous research:
1. Any person, whether in the US or not, can be an investor (and hence hold equity) of an LLC or C corp. When it comes to an S-corp, all owners must be US citizens. So owning a stake in a company has nothing to do with work permit (i.e. H1-B)
2. Any company that can prove employer-employee relationship can sponsor H1B for its employees, even if the employees are owners in the company. There are many start-ups in the US where some of the founders work in the company on an H1-B. However, the lion share of those are C-Corps

My questions are:
1. Can an LLC sponsor an H1B visa for one of its (major) shareholders
2. 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?

I hope this all makes sense.

Thank you all in advance.



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vin1303-09 08:59 AMI think she need to fill I-9 form to switch to EAD and thus switching out of H1.

Right now she is on H1 as well as AOS.

How will a person fill I-9 form when she is not working. she lost her H1-B status when she stopped working. Now she will be on AOS. I do not think anything needs to be done



cache2207-18 11:30 PMHi,
Get yourself a good lawyer. As far as I know Up to 180 days of out of status can be managed. As your case is in removal proceedings, it may further complicate your situation.
Even if you get an Advance Parole, do not use it. Your reentry will have issue. You may send a private message.

All the best !!!




Thanks for great services..

My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.

will court close my removal proceedings based on PD current..

i will really really apprecate your help.



Steve MitchellMarch 3rd, 2004, 12:51 PMGlad to see this happening. Critiquing and being critiqued are great ways to improve.