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  • anand2007
    07-16 10:11 PM
    you can't file 2 concurrent i-485's with same names. But, on your AOS/485 application your spouse can be listed as beneficiary and Your spouse in her applications need to choose consular processing while filing I-140 or vice versa.this way you can use the best of both applications.


    Has anyone and their spouse both filed for 485s while listing each other as beneficiary as well?

    Is this possible?




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  • rpulipati
    09-08 01:03 PM
    internet, i updated my signature to indicate: attending for rally. can you please do the same. If you dont know what extactly IV is asking law-makers in rally, please do not worry to answer.

    JazzByTheBay, Thanks for your response.

    I understand a fixed proposal is not in place yet. Is it not wise to propose a bill ASAP before rally? Are there any benchmarks for rally? Having a fixed proposal in hand may will help clear representation.

    Law-makers may not understand, if we just say, expedite our GC applications. They understand bills.

    Note: When supporters of illegal immigrantion did the rally, they wanted CIR to be passed.

    As mentioned before, I have good faith in IV & attending rally. So, people dont drag around it.

    The clear answer is:
    We are doing this rally to get greencards.
    Do you want to get it or not?
    If yes, then come.
    If no, then go back to where you came from.




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  • sixburgh
    07-16 11:10 PM
    I am not sure if my reply is correct.
    But if the dates are current for you, can you just not reapply for 485 ?




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  • isantem
    12-10 07:28 PM
    EB2I and EB3 I should wait till Jul Bulletin.

    What year?..........2011 for EB2I and 2021 for EB3I. :(

    For EB3 is no diffrence my friend, Decembere is = July, same movement.



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  • pappu
    01-07 07:19 PM
    http://immigrationvoice.org/

    Please stay tuned for a massive IV campaign coming up. We will be announcing it tonight on the forums.
    Contact your chapter leaders for various state chapter action items.




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  • pd_recapturing
    10-15 12:00 PM
    I think you need to show visa proof when you go to most of the DMVs.
    But one of friend renewd his lic(PA DMV) without showing H1 or EAD. He renewed it online.
    When I tried to renew my licence online it prompted me that my citizenship requires me to go to DMV local office personally.
    Well, if your friend was able to get it renewed online, that mean, he must have got his first DL in PA long time ago and at that time, there was no flag that talked about immigration status like I-94. But at the later stage, DMV started attaching a restriction with H1B and other visa hoders to check the I-94 H1B status etc ...those ppl r still enjoying same setup and ppl like us are going through this whole excercise.



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  • dealsnet
    10-23 01:52 PM
    These people have a big microsoft word file with some information. Take your $1000 and will do 'find and replace' option in the WORD to change into your name. You may think you have a ton of info to support your case. Everyone doing with them will have the same file (only name is changed).
    Now USCIS knows this, and will be doomed.

    Please save yourself money and time. I used CCI. I paid $925. Sheila will talk like its a piece of cake to get the approval. Its a BIG LIE. Actually CCI is flagged by USCIS. She will also give you a pdf document of 50 mb or so for you to take a print out and if in case you send it, you application is doomed. After submitting her evaluation, mine got denied. Talk to a good attorney like murthy and take a chance with them instead of spending a grand with this women.




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  • somegchuh
    08-22 12:41 PM
    I think you are absolutely right. Starting a business without a partnership is nearly impossible because you will be violating the H1 by working for it.

    However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.

    But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.

    Has anyone here run a business on H1? What are the tax implications?

    I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.

    I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.

    Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).



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  • EBX-Man
    04-30 02:31 PM
    Hi,
    I am lost trying to find information on this.

    Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.

    However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.

    When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!

    Questions:
    (i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
    (ii) If yes, did someone else face a similar issue?
    (iii) If yes, is there a USCIS document I could send to satisfy their demand?

    I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.

    Please advise :(

    PS: FYI, they went to the Palghar court in Maharashtra, India.


    The rule is

    If you dont have a birth certificate
    - You need affidavites from both parents

    If you have a birth certificate issued after 1 year of date of birth
    - You need affidavites from both parents

    If you have a birth certificate issued within 1 year of date of birth
    - You do not need affidavites

    Dont worry i applied for birth certificate in 2005 in india and submitted that along with affidavites from parents and the documents were accepted




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  • reddymjm
    03-16 12:20 PM
    expect an RFE in a month or two. Also fill in your profile to help others...



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  • shreekhand
    07-16 03:01 PM
    BTW....one can now apply directly to NSC or TSC as per the state they are applying from. This memo became effective June 21 and is mandatory starting July 30.

    see http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf

    So there is now a choice till July 30 for everybody's kind information!




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  • bkn96
    02-18 10:58 AM
    My MTR got approved in 2 months from TSC.

    But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?


    I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.



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  • nandakumar
    05-02 01:26 PM
    Congrats,

    Great show. we need to keep up the media attention, it will help us to get more members.




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  • GC4US
    10-31 05:11 PM
    See my signature



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  • lost_in_migration
    09-20 10:04 AM
    Good find. This reporter was successful in differentiating between high skilled legal immigrants and the low skilled illegals!! Our rally is bearing fruits as far as educating people about our problems is concerned

    NPRs market place full article can be found here
    http://marketplace.publicradio.org/display/web/2007/09/20/skilled_immigrant_protests/




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  • coolvigo
    07-11 03:43 PM
    I just post a msg saying we can file 485 if 140 is pending. But after reading some other posts, I realize that we can file it only if PD from the labor we are using is current. If we want to use PD from an old employers application, we need to have date ported on new i140 application before 485 can be applied.

    Is that true? In that case, 140 from my new employer is not approved yet.....so i cud not be able to apply for 485 here :-(

    My old PD Aug2005
    New is from 2007 sometime,.



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  • nixstor
    02-09 07:17 PM
    this blog is written and maintained by staff of HAMMOND LAW FIRM. Go to their home page (http://www.hammondlawfirm.com), you will understand this.

    Yes, I feel that HLG knows what they are talking about and are not just blaring horns to get some publicity. It would be a big dent for us if they pull this off.
    Damn it! I just hate the whole thing.




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  • caydee
    06-15 02:16 PM
    Will continue contributing at least till guys stuck in the backlog centers get to file their I-140s.




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  • dingudi
    09-30 06:48 PM
    Hi, can anyone shed some light on what happens if the 485 and 140 both are pending for more than 180 days and the applicant is laid off? Does AC21 come handy or any other way out? Also, only 6 months remain on the H1B(8th year extension).

    I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.

    As for AC21 law, it is associated with an approved I-140 and not a pending I-140.




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    newuser
    05-14 04:40 PM
    Thanks for the update and we are still here to support the efforts of IV.




    prolegalimmi
    03-27 06:44 PM
    Below is a Copy.

    "Dear Editor,
    I hope that this letter of mine gets a few minutes of your precious time.
    While there is a raging debate going on in the Senate about how to accomodate illegal immigrants, while there is so much time being given to find solutions to the issue of illegal immigration, a little known fact is that upwards of 350,000 legal immigrants, who have come to the United States legally, contributing to the american community positively, putting their special skill sets to practice to keep american technical, engineering, research and such jobs in america, paying taxes for every penny they earn, for every day they have lived here, these people are languishing for more than five years because of governmental delays and lack of governmental resources to process their applications in a timely manner.
    No coverage at all is being given to the plight of these more than 350,000 'legal' immigrants. These legal immigrants are even afraid to come out and protest lest they get into legal problems with the law enforcement because they might be disturbing peace or affecting productivity negatively. Would NPR kindly give a voice to these legal immigrants and let the public know about the silent suffering that these legal immigrants are going through. If any more information is needed at all, please do visit immigrationvoice.com, or contact any of these individuals who are here legally, shrey@immigrationvoice.org
    jay@immigrationvoice.org
    sandeep@immigrationvoice.org
    nagaraj@immigrationvoice.org
    kapooraman@immigrationvoice.org
    OR call (281) 576-7185 .

    Thank You very much for your time."



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