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Thursday, June 9, 2011

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  • Jeff Wheeler
    06-22 07:25 PM
    oh





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  • girishvar
    08-15 12:14 PM
    Non-compete is based on a state law. Consult a Virginia employment attorney. Generally non-compete doesn't have teeth, because every one has got a right to work and practice your profession/make living.





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  • ssterian01
    07-02 12:18 PM
    Hi All,

    I have I485 pending,
    EB3 NON-India or China ,
    EAD ,
    wife on H4 , not added on 485 (married after filed I485)

    If my wife is on H4 visa and I am forced to change employers on EAD, does anyone know if:
    1. The process is smooth for language training if I am the sponsor and the school is accredited

    2. When my 485 is eventually approved (god knows when !?) can I add her without any problems from F1 to my application, as it wold have been from H4?

    Thanks everyone for any piece of information





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  • pappu
    11-16 09:24 AM
    Hello Experts,

    I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?

    Because of Retrogression for India we cannot file for I-485 yet.

    Please advise

    Thanks
    S A
    I vaguely remember this question being asked in one of the lawyer conference calls. you may want to check the recordings.



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  • tb2904
    12-21 11:11 AM
    I was in a kind of similar situation couple of times

    1. I had a valid US visa and I was traveling from Cincinnati to New Delhi via Paris on Air France. My flight from Cincinnati got delayed and I missed my connecting flight in Paris. All the passengers that had the green card or US citizenship were allowed to stay in Hotel outside the airport. But, since I am an Indian national and did not have a transit visa, France custom officer told me that I am "illegally" in France. He was nice guy and advised me to stay the night at the airport terminal and board the plane to India next day.

    2. My visa on my passport expired and I had the H1 extension papers with me. I was traveling on Air France from Cincinnati to New Delhi and my flight was via Paris. The airline staff at Cincinnati did not allow me to board the plane as I did not have a valid US visa on my passport. I had to drive down to Chicago to get the transit visa.

    Bottom line, if you don't have a green card it is better/safe to get a transit visa. France is a tourist friendly country and they process the visa much faster than other embassy provided you have had western country visa before (which in your case you do).





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  • alifarhan123
    08-27 03:20 PM
    I got the 2 yr EAD as well, but don't know what the use of having it without I140 approval.



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  • chanduv23
    11-09 08:12 AM
    hopefulgc - I can understand where you are coming from. Billions of people are excited by the fact that President Barack Obama has made history and for some reason - people are under the impression that "He is the guy next door" who can make wonders.
    Remember - a politician is always a politician. Politicians who come to power through mass have a certain charisma and aura around them which blinds us of the fact that they are also just another politician.
    Now - We all know and are definitely excited about Obama and we definitely want to see a change. Change will come, but we have to remember that this is just the beginning. Nothing happens overnight.

    Almost all my personal friends waiting for GC now think they will all get their GC because of Obama. Students think they will get GC stapled to their diplomas and this goes on.

    Things will definitely improve and we all have to work hard. This government will definitely hear our side - and make decisions keeping us in mind.





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  • my2cents
    10-12 03:41 PM
    There is no timelimit on sick leave or maternity leave but there should be a reasoable time period.

    As long as employee/employer relationship exists there should be no problem. but extending the leave beyond 6 month would be put some doubt on bonafide employment.

    it's all about how your solid documentation about your extended vacation.



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  • johnggberg
    08-10 12:00 PM
    go to http://www.uscis.gov/ and click on Press Room top right hand corner, but its not realsed yet





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  • waitnwatch
    07-06 11:02 AM
    I would send in a notorized affidavit from the parents stating that the right name is so and so and that the regitered name in birth certificate was in-correct. you can send in some more supporting docusmnrts like , school / collge graduation cdertificates...wonder why u have the wrong name in marrigae certifcate,,,birth certificates I understand, but why is it wrong in marriage certificate?

    Here is what happened - The actual name contains "ee" instead of "i" and is represented in the birth/marriage certificate. On the other hand the university where my wife studied moved to computerized certificates during her college years and change all "ee"'s to "i". So when she applied for her passport she put "i" in the application as the graduation certificate is the most important document for ECNR and that contained an "i". She may have put in a sworn statement stating that *ee*** and *i*** are one and the same person and got it attested by witnesses but I don't remember clearly because that was 14 years ago.

    Any help please.............



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  • hpandey
    10-06 11:51 AM
    Not exactly, http://immigrationvoice.org/forum/showthread.php?t=21871

    Bingo !! We would never be lucky enough to get rid of the GCTEST headache :D





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  • adhantari
    08-12 07:33 AM
    with your efforts. I hope you don't get banned...



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  • solaris27
    05-18 08:35 AM
    I did it myself.

    Don't waste money for any lawyers .

    its very simple .





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  • serg
    08-07 10:59 AM
    I had applied for Labor Substitution/140/485/EAD concurrently on July 2nd. If I understand the process correctly, I would receive 3 different receipt notices and 3 different approvals for LC/140/485?

    I have applied in NSC. What is the approximate processing times for approving:
    1. Labor Substitution
    2. I 140
    3. I 485.

    Also, will they start processing 485 only after LC and 140 are approved?

    Thanks.

    http://www..com/ will help you.



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  • prasadn
    03-01 08:27 PM
    When my wife entered the US, since her passport was nearing expiration, the officer at POE put in the I-94 valid until passport expiration date (March 15, 2009), even though H-1 is valid till Sept. 2010. Eventually she got her passport renewed, but we are not sure if she has to travel out of the country before this date to get a new I-94. We have filed for 485 and she has a valid EAD & AP. Here are my questions.

    1. I believe, since her 485 is pending, staying beyond I-94 validity (March 15 2009) does not mean she is out of status. Also, due to the same reason she does not start to accrue unlawful presence. Is my assumption right?

    2. If she uses EAD to continue working, and at a later date travels out of country and returns, will her H1 status be reinstated as she has a valid H1B (both 797 and visa stamp)?

    Thanks in advance,
    Prasad





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  • qualified_trash
    07-07 01:09 PM
    Investing in a company -> Yes (shareholder)

    Own a company -> No

    On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.

    No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!

    This has been my research on the internet and is not from a legal advisor.

    Could you tell me what the difference is between owning a company and being a shareholder? :-))

    Jokes apart, you can definitely own a company on an H1. You CANNOT work for it unless you file a H1 for yourself through your own company.



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  • glus
    11-17 12:05 PM
    Hi, I recently got a H1B extension stamping in Chennai consulate upto 2010 and I came back to SFO last week. Since my passport is expiring on July 2009. I-94 was issued upto July 2009.

    Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.

    Or is there any other way to extend my I-94 without crossing the border?.

    Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.
    Hello,
    Yes, you can do this if you are from country that allows you to enter Canada without Canadian visa. Then, you would need to give away your previous I-94 and get a new one upon re-entry to the United States. The problem is that some airlines don't want to take I-94 back if they know you are not traveling for over 30 days to Canada. This is especially true if you enter Canada via road. Somehow, it is best to explain why you need to give your old I-94 away. If they don't take your old I-94, you can ask an immigration officer for a new I-94, explaining the situation. Then, if lucky, he takes your old I-94 and issues a new one with correct date.





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  • gcformeornot
    10-12 02:16 PM
    My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
    Change to H4 till the employer asks to join back and then change to H1?

    Please suggest

    maternity leave can only be justified for maybe 3-4 months after delivery.... I think she is out of status. If there is no job, change status to H4 or something.....





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  • chanduv23
    09-02 04:28 PM
    My SR is for my 485, I didn't renew my EAD or planning to renew as I am not using it

    It could mean your case is with IO but does not necessarily mean you will get a decision in 60 days - if you get - great - but don't rely on it 100%





    saileshdude
    03-26 03:34 PM
    My husband recieved a transfer notice for his I-485 from TSC saying that the
    "Preliminary Processing of the application has been completed, and it has been transferred to USCIS office at Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
    I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My PD is July-04. Is any body in the same situation as me and received such transfer notice. I am really anxious about this. Please let me know is it somethign to worry about and what I take for the interview when I am called.
    I will greatly appreciate any help with this.
    Thanks.

    Seems to me like TSC is processing application based on priority date rather than processing date posted. This seems to be different from NSC which usually goes by the processing date. Lately I have heard of couple of cases whose priority date were or close to being current and they were either sent an RFE or called for interview.

    Anyway to OP, there are bunch of threads here on which talk people talk about their interview experience. All you can do is go through them , talk to your attorney and prepare accordingly.





    txh1b
    04-15 06:31 PM
    My friend had a similar RFE and he got a month to answer. Luckily he found his I-20 copy.

    Couple of things you can try.

    1. Contact the previous company/HR/Lawyer that filed for the first OPT/H1b for you and they might have a copy of it. Most companies/lawfirms retain the files or archive it rather than destroying it. This is the best bet.

    2. Whatever the lawyer suggested along with any proof of your I-94 with D/S stamp from your student days along with clear copies of passport stamps with DOE and exit.