Thursday, June 16, 2011

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  • eers
    07-09 11:24 PM
    i think this was kind of last minut call.. so lot of DC area people may not have known about the plan to be presnet there..

    wish i could help.. but i m not in dc area ... is it possible to send an ADMIN email to every one? ..




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  • bskrishna
    02-11 10:54 AM
    The 800K pending 485s include people who have filed multiple 485s.
    Cases like
    1) Spouses filing thier own as well as dependant.
    2) More then one primary filing.

    So i guess there are about 100K duplicate and invalid applications.

    In a way our community contributes to our own downfall...

    Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.




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  • nkavjs
    09-25 11:47 AM
    Hello.

    I was reading one of the old postings mentioning someone's wife wanting to move from H1 to EAD and a new baby. I am in the same situation and donot know anything pertaining to legal requirement of working specific requirements working with sponsoring employer for specific numbers of hours to keep the EAD status on.

    - Currently I (primary) am on H1B working 30 hrs per week as a full-timer. I want to step down to EAD status and just work may be 10 hrs per week or weeks as floater.
    - What are the legal hassles am I looking for GC processing if I only work few miniumu hrs on EAD for the sponsor.
    - Possibly can I work 2 part-time jobs at same position with diff. employer on EAD? Will USCIS have trouble with me at the time of EAD renewal.

    EB3- India July 003
    I-140 approved
    485 pending
    AP and EAD approved. till 2010


    Please advise me
    Thanks a lot
    nkavjs




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  • sarasuva
    01-30 08:44 AM
    I had same experience with H1B 8 months back.I had to leave the country due to H1B Xtension denial and MTR denial.As my I140 got approved the day i landed, my employer got 3 years H1B approved and i came in with that again. Now again I140 getting "Intent to revoke". Track record of employer with USCIS is not good. That is why I am worried and looking for other options on worst case. Can you let me know about the 3 questions I asked above in my original question.
    Due to repeated issues I am asking the about other options and questions.



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  • nixstor
    08-24 05:42 PM
    I mean why the hell are people on this forum asking for Labor substitution. I mean people are still so narrow minded that they want to get it done for themselves and dont want to bring a change in the system.

    How ever they complain about the system which they abuse/intend to abuse




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  • sk.aggarwal
    07-23 10:49 AM
    I don't have a suggestion but a question for you. What is this money that you get if you stick with the company after they lay you off. Why would you lose the money if you join company B? I am sorry I just thought it was kind of strange.

    I guess he is talking about severance pay, could range from 1 month to 2 years of salary depending on duration of employment with company and there policies.



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  • sss9i
    08-09 11:35 AM
    What if a 07/24/06 Y version of 485 is used while filing between July 30th to Aug 17th? The FAQ says that it should be version 07/30/07 Y. Any help is appreciated.

    We signed on August 31st and Attorney used previous editions. i.e.07/24/06 Y version.


    Update from Murthy.com

    USCIS Website States Previous Editions of 485 FORM Accepted We checked with AILA and they have confirmed that we can rely on the USCIS website. AILA is also requesting clarification from USCIS to clear up the issue. Posted Aug 09, 2007 (11:00am ET)




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  • JEESEE
    05-11 01:29 PM
    Thanks bkshres.

    When last time we entered in USA in Feb 2009, We used our H1/H4 visa to enter even if we had our AP in hand. So Her I-94 will show H4 stamping.

    Will that make her ineligible for Applying for FAFSA?

    Thanks



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  • singhsa3
    10-30 09:30 AM
    I think as long as they are not screwing us (EB community) in this bill, it is fine with me. As a matter of fact, I think this bill is important from security stand point also.
    Source: NumbersUSA.com

    A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.

    --------------------
    I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.




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  • Leo07
    10-17 02:19 PM
    Pappu, I have not sought outside legal help, barring the legal advice of both firms paralegal.

    I was told that the 'successor of interest' form will take care of the Labor, but the 140 will need to be filed again.

    Do you want me to take other legal opinions as well? ( application is already mailed)

    Do you absolutely need to file a new I140?

    Have you sought other outside legal opinions on this matter?



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  • kshitijnt
    10-22 12:30 PM
    Did you fill any I-9 form or your hr filed it? the status of the applicant is decided by the I-9 Employment eligibility form.

    Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?

    He doesnt have to fill out I-9. Anyone else can do it. How did lawyer provide them with EAD? Didnt they mail the card to your place?

    If I were you, and if it is true they changed your status without your knowledge, I would write them 4-5 F*** letter worded emails with copy to the boss.




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  • ingegarcia
    12-13 12:00 PM
    How can a illegal obtain a paycheck without using a stolen SSN, so there is no way CIR can pass in its current state which allows for a guest worker program. This would mean that any illegal who has stolen a SSN would not be eligible for Guest Worker program - which would be over 90% of illegals.
    They usually do not receive a paycheck they receive cash instead :D .



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  • anda007
    07-11 12:22 PM
    Kindly send me a template of letter to the senator and address of them

    I am going to send cards and letter.

    If you do not agree with this idea, I apologise.
    I did not send the flowers, bcos IV told me. I sent it, bcos I felt it right !!!




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  • cdeneo
    12-29 01:21 AM
    I believe change of status pending works the same way as extension applications when pending - one can continue to stay in the country post I-94 expiration as long as the change of status application has been filed prior to I-94 expiration - so the time spent after I-94 expiration does not count as out of status. Now if the change of status application is denied and the decision comes after I-94 has expired - I believe you have 30 days to leave the country - USCIS would send a notice stating the same as well and in that case one should leave the country as early as possible - within 30 days of such intimation.

    I would still advise you to get an opinion from an immigration attorney to be sure that this is the way it works.



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  • meet
    08-17 11:14 PM
    I am also having same situation as 'TamilSelven's wife. But my H1 visa was expired in Sept 2009 and I didn't work on that. I am on H4 for now and got one offer from another employer.

    So my queries are :
    - will I get H1 again under COS?
    - If yes, how much time will it take to get H1 again?
    - Does this process will be like a new H1?
    - how much will it cost to my employer with attorney fees?

    Thank you.

    Meet




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  • kukitron
    10-05 08:33 AM
    Great info,

    Cons
    Salaries are quite low compare to the US,

    Pros,
    No Visa retrogression

    thanks



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  • gc_chahiye
    10-17 03:32 PM
    10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status

    The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
    Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
    Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
    Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.

    Source:
    www.immigration-law.com

    interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
    Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer




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  • p1234
    02-17 07:52 PM
    Congrats!
    Was your service center Nebraska or Texas?




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  • webm
    04-10 11:42 AM
    AFAIK it's not published yet. Also it's two years extension which is under review not three years.

    Good luck

    No, its 3 year proposed and still under review...:)




    korient
    07-11 02:53 PM
    Hope someone is close enough to help.




    inthehole
    08-23 06:18 PM
    I have been trying to book an infopass at Hartford office for the past one month. I been trying to every 2 hours for at least 8 times constantly every day.
    Every time I get a message saying "No information appointment is available at this time. Please try again later" message.

    Any body have this problem. I have been trying to get infopass since my EAD is going to expire and I am experiencing delay in EAD renewal process.



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