Wednesday, June 29, 2011

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  • aachoo
    03-20 12:22 AM
    Well a company can be sued for any reason. I do not control the day to day activity apart from IT stuff.

    My question specifically, if the company is sued, since I am a minority owner will I have to do rounds in the court appear before a judge etc..will I be summoned! Or only the executives majority shareholders are summoned.

    (No I am not talking about a body shop and this is a small financial firm)

    Usually owners are not liable when it is a corporation you are talking about. That is the whole point of being a limited liability company. Separating ownership from management is another key difference from a Proprietorship and a Corporation. Management maybe liable if they commit fraud. Think when Enron went under, the shareholders were hosed. They did not get dragged to court. The execs did.
    -a




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  • jonty_11
    06-15 01:17 PM
    This from Immigration-law.com

    06/15/2007: July EB-2 and EB-3 Visa Numbers Open and Consular Processing

    The State Department states that they allocated a large number of EB-2 and EB-3 visas because of the USCIS I-140 and I-485 backlogs and because if the visa numbers are not used before the end of the fiscal years, some of them can be wasted. Assuming that the USCIS may continue their current processing times and backlogs in I-140 and I-485, the EB-2 and EB-3 may continue to remain current. However, it is just a speculation and risky to rely on such speculation when one handles his/her immigrant status.
    In time like this, the consular immigrant visa application is very risky for the two reasons. For instance, if the EB-2 or EB-3 numbers face a cut-off date again in August or September, unless their immigrant visa is "actually" issued and they enter the U.S. before the retrogression, they will be stuck abroad. For those who are currently residing in the U.S. and intend to apply for the immigrant visa through the consulates rather than adjustment of status through the USCIS, a similar risk will prevail, but unlike the those who are residing abroad, they will be able to extend the H-1B extension under AC 21 Act pending the visa number availability. In this regard, their risk is less but still high in that since they did not submit I-485, they will not be able to take advantage of obtaining EAD and Advancer Parole, not to mention AC 21 portability of the approved I-140 petition for change of employment. All in all, the consular immigrant visa application is not recommended when the future of the visa numbers remins unpredictable.




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  • venky08
    06-18 08:15 AM
    My birth certificate does not have my name on it. (in india it is OK to name the new born a few weeks after birth.) so it just says "baby boy" on it:)

    Do i need an affidavit from my parents mentioning my name?




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  • raysaikat
    03-18 10:50 AM
    I happen to hear that its more easy to convert from L1 visa to Green card .Is it something that the employer has to initiate ? Can we start the process by ourselves.

    please shed some light on this.
    Thanks

    You may be eligible to file under EB1-C. Your employer needs to sponsor.



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  • mirage
    07-19 04:16 PM
    Please post only if you have received it. If people like you will start posting then there'll be 18K posts on this thread
    I have not received the receipt yet.




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  • rmo518
    04-13 11:58 AM
    Congratulations everyone! Thanks to the judges and the voters too!



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  • ebizash
    06-05 09:06 PM
    Why do you need a signature from anyone in your company (or ex-company) on your 485. I-485 is your application and your employer has nothing to do with filing it.

    Are you talking about I-140 by any chance?




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  • alterego
    10-15 10:39 PM
    I would wait it out if I were you. Why the risk at this stage?
    Risk/Benefit analysis is not in favour of anything but staying put if you ask me.
    What if in the 8-9 months it will take to get to this stage, the EB3 date skips forward, worse yet what if they take a hard stand on conversion cases due to the number they are seeing and you get denied.
    It all depends of course on your personal circumstances, but I can't see the logic in it.



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  • martinvisalaw
    09-03 08:22 PM
    Hello,

    My 140 is approved. My H1b is already extended for 3 years.

    1) Can my spouses H1b get 7th year extension based on this?

    I actually did get a H-1B extension once based on the fact that the spouse (also H-1B) had an approved I-140 priority date that was backlogged. It was an unusual approval, and surprised the other attorneys (including partners) where I was working. It's not guaranteed, but worth a try if there is no other option to work.




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  • meridiani.planum
    04-02 01:12 AM
    04/02/2008: Petitions/Applications Backlogs as of 02/29/2008

    * I-140: 147,913
    * I-485: 787,516
    * I-130: 1,367,289
    * I-765 EAD: 150,028
    * I-90 Green Card renewals/replacements
    * For other statistics, please click here.

    Source -
    http://www.immigration-law.com/
    http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Februa ry08.pdf

    The backlog is so huge that there is no "light" at the end of the tunnel

    FB immigration is capped at 480K and EB immigration at 140K. Both are backlogged.. the ratio of cases is also perhaps 3:1 or 4:1, so the bulk of those pendng 485s are likely to be family based. the EB I-485 cases are probably somewhere around 250k of that 750k...

    Also, what is a backlogged case? USCIS has been changing the definition as they see fit. At one point cases that were pending FBI namecheck were not counted in backlogs!



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  • lostinthejungle
    11-02 05:21 PM
    Here's a sticky question - and appreciate "expert" advise on the matter:

    My situation:
    1. I currently work on a H1B for Company A
    2. My future greencard has been filed by Company B - recd. EAD, applied 485

    My question:
    1. Can I work on my EAD either for company A or any other company?
    2. What happens if I dont join Company B ever?

    Appreciate your responses!!

    Cheers!




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  • immigration_confused
    07-26 07:35 PM
    Hi,
    My brother is in Toronto, Canada for a conference. He has an H1B extension which is not stamped. At the US airport before boarding the toronto flight they took his old expired I-94 (from previous H1B). He currently has his I-797 (H1B) petition that has the I-94 at the end.

    1) Can he use that I-94 to enter the US (his new H1B extension is not stamped). His stay is only for 4 days in Toronto.
    2) If not then what are his other options (except for H1B stamping as there are no dates in toronto)

    Would appreciate any advice as soon as possible.

    Thanks.



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  • Rb_newsletter
    04-16 02:19 PM
    I would like to see this kind of report in front page of WSJ and NY times.

    I like the below points from the report.

    - There is no evidence that during the long periods of time when no foreign
    nationals could receive new H-1B petitions the job market improved for U.S. workers or professionals.

    - The March 2009 findings from Duke University and University of California, Berkeley researchers send a signal that America cannot take it for granted that outstanding international students, researchers and professionals from around the world will always want to stay and work in the United States.

    - The relaxation of green card constraints proposed in the Comprehensive Immigration Reform Act of 2006 could have increased labor earnings and GDP by approximately $34 billion in the tenth year following enactment and had a net positive effect on the budget of $34 to $47 billion over ten years.

    - Relaxation of H-1B caps under the Comprehensive Immigration Reform Act of 2007 could have increased labor earnings and GDP by $60 billion in the tenth year following enactment and improved the federal budget�s bottom line by $64 to $86 billion over ten years.�

    - �Over the past 15 years, immigrants have started 25 percent of U.S. public companies that were venture-backed, a high percentage of the most innovative companies in America . . . The largest U.S. venture-backed public companies started by immigrants include Intel, Solectron, Sanmina-SCI, Sun Microsystems, eBay, Yahoo!, and Google.

    - we estimate that all companies founded by immigrants from 1995 to 2005 produced $52 billion in sales and employed 450,000 workers in 2005,�

    -




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  • crazyghoda
    01-22 11:39 AM
    This is for EB5 .....but doesnt it require you to employ a minimum of 10 people?



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  • Prashanthi
    08-19 12:53 PM
    Hi all
    I have I-140 approved from Company A . Company B applied for my H1B extn based on Company A's approved I-140 and got 3 years extension till 2011.

    My question:
    can I switch to company C now and get 3 more years extension again.? My I-140(company A) has not been revoked and priority date is not current.I want to start my PERM only after joining company C .

    Thanks in advance .

    Yes you can get an extension with Company C based on your approved I-140 as long as it is not revoked.




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  • gsc999
    06-20 12:10 PM
    I am also in the same boat as you and my attorney has sent my Labor ETA 750 to DOL for changing the box 15. It is good to change it now at Labor stage as there is quite lot rejection at I140 stage if your degree is 3 years..so it is better to have it ammended at Labor stage.

    I would say all those who are waiting on Labor with 3 Years degree should make sure that your Labor states that it a "combination" else you will be trouble.

    - GCDreamzz
    My two cents.
    --------
    My labor was certified with three year's bachelor's degree. Can you please elaborate what is this box # 15, I do have a copy of my labor application. I want to point this out to my attorney. Thanks.



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  • GotFreedom?
    10-06 07:26 PM
    If the H1-B holder's labor is pending for at least a year then an 1 year extentions are granted. If the H1-B holder has an approved I-140 petition, the extention is granted for 3 years. I'm on my 9th year of H1B.




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  • go_guy123
    10-08 10:29 AM
    Hi .. I am on L1 with my current employer. I applied H1B through a consultancy and my petition got approved. My current employer told me that they can transfer my approved H1B to them. Is it really possible to transfer H1B to my current employer, just by having the approved petition?

    Yes transfer is possible. However your current employer's h1b petition also
    needs to be approved (RFEs replied to etc).




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  • cr52401
    10-03 08:07 AM
    Forgive me if you already saw that. I did not find it in this forum and it is very good article.

    http://www.newsmax.com/archives/articles/2006/9/1/94348.shtml




    doomdoom
    08-24 10:30 PM
    thanks for your quick reply.

    What about using AP for status check? Will they accept that?




    new_horizon
    04-06 04:11 PM
    Normally at the POE they scan the visa page to get the info. I think just the page being damp wouldn't affect the machine reading. But if you are so concerned you can call the nearest consulate in your home country, and inquire about it.



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