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  • a1b2c3
    06-16 12:27 AM
    I think your best bet would be that your parents apply for visa alone. I believe this will improve their chances of getting visa and once they get the visa then your siblings can apply. Good luck!

    I think so too. I think its good to ask the immigration officer why the visa is being denied.
    I think its best your parents apply by themselves and leave your brothers out.
    When they see so many family members travelling all together for an extended period of time, they smell something. They feel your entire family wants to be out of Indonesia and will apply for asylum.
    Another thing to do is to ask for a short duration visa like a month or so. It might help.

    And forget abt the elderly granddad. No one will buy all that. Make sure the reasons for coming back are rock solid.

    Sorry to hear about this and wish you the best luck next time. Don't give up hope and ask your folks to schedule another appt without delay.




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  • scorpion
    02-26 05:30 PM
    Consult your Lawyer




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  • Pineapple
    11-07 10:41 AM
    My lawyer did NOT fill up I-765 again. That is not required in case of obvious typos or mistakes done by USCIS. She just wrote a letter explaining the error, attached two copies of my wife's photos, and included a copy of proof of identity. (Drivers license copy). No need to write a check, obviously. Also, the letter has to be sent to the service center which issued your EAD card.
    I has been about three weeks since the lawyer sent out the letter.. no replacement EAD card yet, but got a couple of LUDs in the past few days.. so I'm hopeful.. let us see..
    Will post when we get the EAD card, so other's in the same boat can estimate how long it takes to get EAD cards corrected. Hope his helps..




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  • vjkypally
    03-17 10:40 AM
    You cant just divide 500000 by 3. The numbers are not same for all categories.Your flow of logic is correct but you ar ebuilding this palace on soft land...:). Your "numbers" base is way way small... There are thousands of EB2 switch over occured and there are thousands and thousands of applications are waiting in EB2. If you add up thosands and thousands then you can reach million speedly.. right? Only July 2007 filing was around 500000. You just apply crude maths: 500000/3 (Categories) = So EB2 numbers are = 1,66,667.
    Now divide 1,66,667/5 ( IN,CHina,MX, Philipines,ROW) = 33333. That is just for July 2007. Now to scare you more let me tell you that there was number around during July 2007 in all immigration boards that around 500000 applications are stuck in the process including Name Check (No claim on accuracy of that number but pretty much bignames were talking about that number so generally you would trust that number.) So now start applying your logic andyou would realize the seriousness of the problem.



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  • drirshad
    04-19 07:13 PM
    Go to http://www.shusterman.com/

    Got some updates as to whats going on behind the curtains ..

    Gear up & give sometime to fight against the anti-immg groups who have already started contacting the law makers & congressmen ......




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  • txh1b
    08-18 05:11 PM
    If she is here on H4 and while she was here her H1B got approved then there is no problem. As H1B is not VISA and its intent to hire. Infact if she wanted to to Join work on H1B, she will need to apply status change application for H4 to H1B.


    Totally wrong. If the H1b was a COS, there has been a status violation by all means!



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  • kaisersose
    04-21 02:09 PM
    Hi,

    I am working in US on L1 and my company would start my green card filling in next few months.

    I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.

    But many of my friends told me that green card processing is faster on L1.

    I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.

    Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?

    Thanks in advance.

    ~Greeta

    H1b does not exactly make one work "freely" in the US. Certainly not, if the employer is processing your GC as you are pretty much stuck with him.

    Only L-1A allows faster GC processing as it does not require Labor and PDs are usually current. L-1B has no such short-cuts and is also plagued by the problem that it is valid only for 5 years. So if you cannot get into a 485 stage within those 5 years, then you are in trouble. On the other hand, a H-1b can be extended indefinitely once you cross a certain point in your GC processing.

    So evaluate your options.




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  • santb1975
    02-13 04:57 PM
    We have to do this

    Lets do it for us!



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  • pitha
    06-11 12:46 PM
    somebody please close this thread




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  • abq_gc
    09-05 04:48 PM
    While on EAD, what type of entity (LLC, S Corp, C Corp) is the best one?

    It doesnt matter whether u are on EAD or GC. I think LLC is the way to go.



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  • my2cents
    08-05 11:36 AM
    Time and again - there are confilicting opinion from attorneys.

    My attorney ( and i trust her) said that if you are maintaining H1/H4 status (not necessairly VISA stamped) . your I-485/I-131 doesn't get considered cancelled and only requirements that you must be in US while filing. Being on purely non immigrant VISA like F1/F2/B1 you must be in US on day of approval.

    People normally refer to friend's example but i have 2 collegues whose spouses has done same thing. Spouse's H4 visa stamping is long expired but they were gone to India after filing AP and they have comeback without any issue.

    If you have not extended ur H1-B/H4 (dual immigrant) and have take advantage on AC-21 then I believe that you are not maintaining any non-immigrant status and you are just paroled in.

    Thanks




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  • paskal
    08-27 01:50 PM
    Please be good enough to join your state chapter
    We need all members' help if we are to succeeed.
    I hope to see you in DC, but there is much to do even before!



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  • sdeshpan
    06-24 06:18 PM
    Remember you are bonded labor if you are on H1B or Work Permit. They will use you & your illegal brothers every election year and this is one of those years ..... everything is chatter until something heppens.

    Don't get your hopes high.... just get your head down and work for them.
    and what's the point of posting this twice...10 minutes apart? Those who will, will take your point! :)




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  • trueguy
    04-27 06:44 PM
    USCIS has different definitions of Backlog so don't make any high hopes out of it.



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  • rongha_2000
    10-02 11:57 AM
    You may be generally right about this, but in my case the attorney fees are borne by my company and it is my company who advised me to apply for EAD and still said that they will maintain my H1 till my AOS is approved, and thats where all these questions started popping in my mind.

    The only real reason why your lawyer wanted you to apply for EAD is to collect their fees. If you are maintaining H1, there is no need to EAD. If you lose your job, you will most likely have time to get an EAD, or you may even end up doing an H1 transfer.




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  • docwa
    05-04 05:56 PM
    I discussed my situation with Mr Finklestein a senior Lawyer, with Sheila Murthy firm. He says, I can anything with my time as long as I have an employment offer letter that has a job offer to match the labor cert at time of adjudication. With Eb2 India being as retrogressed as it is, that could be 5 years away. I am going ahead with fellowship on EAD.



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  • ilikekilo
    03-03 09:30 AM
    Hello forum gurus
    I am planning on moving from Company A to Company B. I have an approved I-140 from Company A which was approved in Sept 2007 and also applied for 485 on July 2nd 2007. It has been almost 1.5 yrs since I applied for 485 and I-140 approval.

    Planning to move from Company A to Company B. Company A will not revoke my I-140 that is for sure. I am moving to a good company with 1000+ workforce and in an upcoming industry. It is not a consulting firm. It is a product based company. My wife is currently on EAD and is relying on it to work.

    What are the odds that my AC21 may be wrongfully denied. I am having a hard time sleeping while thinking about this. I am on my H1. Can she still use her EAD while we file a petition for Motion to Reopen in the event that the 485 is wrongfully denied or does she have to change to H4 immediatly.

    Can some one share your thoughts.

    thanks in advance

    I hear you...however the probability of success predicting the odds with USCIS are zero to none.. be +ve and move on.. Listen, iam not being philosophical here but I did move on from a so called "secure" and great company using AC21....to a smaller one....

    was I concerned when I was planning to move : yes
    do i loose sleep over this? no
    did i file for ac 21? yes
    Am I really worried : heck no
    Am i ready for anything that comes my way from USCIS: heck yes and I will deal with it..easy to say..yes..but doesnt mean it will stop my life..

    ps: btw Iam not single and yes I do have a family with a kid and ofcourse commitments like most poeple... so relax ..take it easy..

    reg your question i am sure somone in teh forum is more knowledgeable than Iam..




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  • matreen
    09-05 05:40 PM
    Please don't give incorrect answers.

    All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.

    The main difference in these corp types are
    1. How much record keeping is done
    2. The way taxes are computed and filed with IRS
    3. The kind of expenses allowed to deduct
    4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.

    For S-Corp, the shareholders must be Permanent Resident or US Citizen.

    I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.


    ____________________________________
    Proud Indian American and Legal Immigrant

    Thanks, nice reply.

    Question: I am on EAD and inovked AC21 and working with new employer. I am planning to register a company confused which one to go with LLC or C Corp., by the way I live in California, San Jose. I heard that if you register a LLC in California every year you have to around $800 tax fee, weather you do a business or not, is it true?

    If I go with C-Corp, shall I liable to $800 as well, any ideas??

    What is the deference between LLC and C-Corp? I know every state has deferent laws but I would appreciate if someone can answer my questions from California state.

    Thanks in advance.




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  • BPforGC
    10-15 12:28 PM
    1. It goes to the mail room and stamped on the date it was received.
    2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
    3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
    4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
    a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
    b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
    c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
    d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
    e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.

    Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.

    So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.

    Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?

    God save us.
    ---------------------------------------------------------------
    All at NSC
    EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
    EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
    I-485 : 7/24/2007 - Pending
    ----------------------------------------------------------------




    memyselfandus
    08-22 09:37 PM
    I have used for all of H1B and also for complete Green Card Processing. If it is just anything after I-140; they charge about $600 rest of the processing.
    You always get a response within a day from its director John Dorer.
    You can reach them at info@usavisanow.com

    Can I have some recommendations for good attorney?




    ngopalak
    10-14 06:11 PM
    I am in a similar situation...filed for AP in June...mine got approved...wife's AP has not gotten approved yet....planning to travel in early December.

    I tried expediting for financial loss and got email saying that is not enough reason....

    I am thinking of refiling my wife's I131 and paying the extra $300...now. What do you guys think...is there a chance of approval before end of November or is it a lost cause...



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