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Written By muthmmuuuaaanniish on Saturday, June 11, 2011 | 4:00 AM

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  • fatboysam
    05-16 09:40 AM
    I have couple of doubts whether i will be able to qualify or not, which i want to clairify.
    Ofcourse i will apply in Skilled workers category, i do not have any Canada experience, so according to the official website, i might not qualify because i am not a Manager.
    I do not see any option for a software engineer, Am i missing anything ?

    Immigrating to Canada: Skilled workers and professionals - Who can apply (http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp)





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  • govindk
    10-26 04:07 PM
    I filed mine on July 27th. Still no EAD for me or my wife. :(





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  • bestia
    11-10 03:56 PM
    I agree with Bestia but the only problem is finding a good employer and trusting someone. In this market everyone wants to take advantage of poor H1bs so kind of tricky to take any decision.

    Of course it is. But several steps could be helpful. After getting an offer, meet your future coworkers, ask around, find somebody on H1b, talk to that person. See to what degree the top management is aware of H1b program. My CEO had no much idea about H1b, I considered this as a good sign.





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  • jkays94
    04-07 06:39 PM
    What if VISA is not given .. can you come back?

    Chances are that it would not be possible, I know an individual who has been awaiting security clearance in Canada since last October based on a name check hold up. This is not something one can predict, for your name can make a hit at any time. Fortunately the individual is a Canadian PR and is able to telecommute.



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  • samu
    04-11 10:20 AM
    Planning to apply GC in 2008 jan or sometime will it be fine. that time my H1 completes 4 yrs. How long will it take labour? will it be over by 2010?
    once i file labour and if not cleared by 2010(h1 completes 6 yrs). i must go back india? right?

    no other solution for this?

    pls help me.





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  • UKannan
    04-26 02:42 PM
    Why did we all come to USA?

    Did any of you knew the Green card problems when you came?

    Did you know the problems when you applied for greencard many years ago?

    When was the first time you found out there was a ling wait period and so many problems?

    If you've so much worries/tension, why don't you go back to your home country? :D



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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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  • Nikhil2
    02-10 05:01 PM
    Thanks for everybody's reply. I am still confused. Here is more info about my case.

    I plan to transfer PD from EB3 to EB2.

    My EB3 RIR was approved. The job description required BS and nothing else. I-140 hasn't been filed yet.

    MY EB2 PERM was filed and pending. The job description required Master and nothing else.

    I obtained the Master degree even before filing EB3.

    Now, I plan to file the 1st I-140 based on my old LC. My attorney said it would be approved without any problem.

    Then, I plan to file the 2nd I-140 based on new LC and request PD carryover. My attorney said that I would have problem at this time. Since both LCs belong to the same company and both have the same job title - Software Engineer. And, they have different job requirement.

    Any more comments?


    I think it all depends on what the job qualifications required are.
    Hope this helps



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  • newuser
    05-14 08:16 PM
    Just got an SMS that the my application was approved on May 13th. (Post Decision Activity)

    PD - Jun 5th, 2006 NSC
    Received Date - Oct 4th 2007





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  • acecupid
    07-08 04:39 PM
    Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
    This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
    So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US

    I agree with ssterian01. I read similar views from ron gotcher's forum about this issue. Even if wife is in pure non-immigrant category like F1, it is not a problem to add her to I-485 when dates become current. If you are on H1 and cannot mailtain H1 status for long and I-485 for wife has not been applied then you have little choice but to do a COS to F1 for wife.



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  • Arjun
    05-05 05:41 PM
    Please do something to change it or try delete/add. :o





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  • veerkar
    10-02 01:37 PM
    You can apply. Depends on type of loan. May not require a cosigner also. Enjoy US free market economy.



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  • eastindia
    05-21 01:05 PM
    If this immigration backlog continues, more people will go to Canada and Australia. Is there any way to find such numbers. It will be America's loss





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  • Tantra
    07-12 05:39 PM
    ^^^



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  • pappu
    09-22 01:12 PM
    http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070026637





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  • pmlboy
    05-01 04:57 PM
    Thanks for your reply. I am getting the affidavits from my parents, as well as from blood relatives. However, I have been also asked to provide government document stating why mother's name is absent on birth certificate. I am trying to figure out any government law (currently checking births and deaths act of 1969), which can state that name of head-of-household is sufficient for birth certificates. My birth certificate also mentions the Births and Deaths Rules of 1972 of West Bengal, however, I can't locate an online document. If I have to get a statement from court, does anybody have any idea about what would be the template?

    Thanks.



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  • jaggu bhai
    07-27 01:04 PM
    ravi

    Pl find these colleges
    International Technological University (http://itu.edu/)
    Herguan University (http://www.herguanuniversity.org/index.html)

    i thought of these two colleges which were referred by someone, i assumed that, as these colleges are having so many F1 Indian students (i saw on social networking sites), these would be accredited colleges???????????????????

    after seeing ur reply, I realised that there are so many ANNAMALAI universities here!!!!
    Do u have any idea, where can we check these college status!!!!

    the fees u were referring was for an year or per total studies?

    I said for an year approx.....

    tx





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  • knowDOL
    08-15 11:01 AM
    Converting to PERM is safe, does cost money and advantageous only to get 3 year extensions of H-1B which will save your company the money for extensions. (H-1B). It does not expedite your GC processing time and does not fetch you even EAD.

    My company's attorney converted 4 EB2 cases with PD March 2005 to PERM and successfully got approved all the 4 cases with in two months. On all the four cases they have not got the 45 days letters.

    In your case since you are in 8th year extension it may be better to either convert exisitng EB3 to PERM or file a new EB2 for a different position in same company and get I140 approved. Evaluate based on which one costs you less money.

    Hi Mike,

    I am with same company since I came (since 2000) and my current LC (RIR, EB3-India) pendng at PEBC, my PD is 06/16/03, I am about to file 8th H1 Ext, My Lawyer is not advising me to convert into PERM, can you suggest/refferer your lawyer?

    Thanks





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  • Hewa
    07-31 04:24 PM
    Hey everyone,

    I am from Florida and just filed my I-485. I went to the DMV yesterday to renew my drivers license and something unexpected happened. They took away my old license and gave a temporary one valid for 30 days. They also said they will have to verify my immigration status and once this is done they will mail my new drivers license. Has anyone had such an experience? How long did it take to get your new license?

    I am from florida too. It has been like this since Jan 2002. It's normal and not unexpected at all. You will get your license in the mail in about 3 to 4 weeks. And to add to that now they stamp "Temporary" in big red letters on the license.

    Before Jan 02 we got it over the counter. I've had to change the license several times due to either H1B expiring or address changes. Remember to carry your passport (or some other photo ID) with you all the time.





    beautifulMind
    10-08 04:43 PM
    Came across the same issue and was reffered to a top immigration lawyer who advised as posted by me above

    Thanks GCPool. i will probably go with the 485 EAD to be Safe plus logically it makes sense too to sue 485 EAD because once applied for 485 that is your current status...Infact if you contact the school and tell them you are a 485 adjustee they may cancel your EAD OPT





    jamesingham
    08-14 07:58 PM
    Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?

    Any information will be highly appreciated. TIA



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