Tuesday, June 7, 2011

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  • dealsnet
    07-10 11:08 AM
    You can't take any pay check from other entity.( same owner does't mean same company- you may need to amend the petition, if you have diffrent job site with same pay check). You can take a part time H1B and work other site with diffrent pay check. If you have EAD (I-485 filed) you can take any pay check.

    Hi,

    Have a query in regard to the H1B Visa status. Would it be ok to work for a different branch of the same company, when my unit is not able to provide me with the required number of hours/week. I work for a hospital as a physcial therapist, and am having trouble maintaining the full time hrs, Other units of the same hospital are desperately in need of the therapists.(But working for them would be under different tax id and also would be a seperate pay check, but the same hospital though).

    Any answers would be highly appreciated.


    Thank you.





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  • bang
    11-18 01:16 AM
    Do we need to go back and renew again after obtaining the new EAD ?

    Yep - got mine 2 months back. Docs to carry

    - Original social security card.
    - Original EAD card
    - The first lady asked me to bring the employment letter. I did not have it with me, I went home to get it and got in another line, that dude did not even look at it.
    - Passport and I-94 (They did not check this) I took it just in case
    - Cash - 25$

    You will get a 5 year license, but it will say that you are a temp visitor till your EAD expires. You will have to take your EAD in when the new EAD comes in.

    Let me know if you need further details.





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  • optimystic
    09-29 08:43 PM
    USCIS has updated the processing dates pages of all the four service centers on September 28. Now the pages say that these dates are valid as of July 31, 2008 only.

    If I remember well the processing dates information was more up-to-date earlier.

    So looks like CIS has backtracked from their earlier published dates. They are telling us that they simply cannot tell what the current processing dates are. All they can tell us is that what applications they were processing on July 31.

    What can we deduce from this? Is it good? Is it bad? Or no relevance?

    It could be good as CIS might be processing July 2007 485 applications as of today? Or may be not.

    Simply more confusion, as if as it is we were not confused enough.

    Its hard to gauge what they are trying to do here by mentioning that the processing dates are accurate only as of July 31, 2008. But just attempting to make a few guesses. I might be totally wrong though

    - May be they are trying to cover up their silly, non-backable acts of swinging Processing Dates back and forth as a pendulum. And hence keep the web posting data perpetually at a older date, so that if some official corners them they can say "Oh, forget the web data, it is out of date. Here's the more updated *internal* info" . But at the same time to the general public , they can point to "Go look at the web data, I can't open a service request for you based on where the processing dates are at" and thus avoid all accountability and head aches of opening service requests etc.

    - May be they are going to fast forward the dates now that the PDs are retrogressed and people can't file service requests left and right based on processing dates outside normal processing times.





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  • royjonny
    06-19 01:16 PM
    Well the lawyer representing the new company believes that without a copy of 140
    1. that, they cannot do a H1B transfer.
    2. that, I cannot do EAD extension when it expires in October 2008.



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  • iv_only_hope
    01-11 11:15 AM
    Yes. I will look into local and state chapter over the weekend. Thanks. If I have to go down, will go with a fight.





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  • Ram_C
    11-08 12:44 PM
    Hi all,
    This year I got my H1B approved with start date Oct 1st 2007 through a consultancy. I had also applied for GC in July (as derivative) and got my EAD October last week.

    The consultancy hasn't placed me on project so far (it's been more than a month) , and I am concerned , if this period of "no pay" will affect my GC process in anyway.:(

    The consultancy wants me to get an SSN now, because a couple of their clients want to know the SSN number before considering for projects.

    Would getting an ssn number based on the H1B effect me in anyway later on.....in case it takes longer for the consultancy to assign me a project?:confused:

    In the mean time I have been looking for jobs in my area , and if I find one before the consultancy assigns a project, I have decided to go ahead and use my EAD card.. and get SSN based on EAD.

    Could someone please please let me know if there is any effect on GC if I get an SSN on H1B...or if I use EAD to get an SSN would it invalidate my H1B?:confused:

    I would much rather be safe than sorry.

    Thank you all for ur replies...


    you can use your EAD to obtain SSN. using EAD for SSN purpose will not invalidate your H1-B status.



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  • apb
    08-07 04:55 PM
    --
    Yes, I just spoke with another IV member who is in your situation and he is visiting Canada later this month to take care of this issue

    Yes that is ME..:-) I am still contemplating risking my FP (anytime soon) against my H1B stamping name check that could come up or use AVR and go back for H1B stamping later.
    The same appointment could be used by my wife to stamp her H4.
    testtesttest has gone to Canada today for PR stamping and he is going to use AVR to reenter US. I might do the same right now.

    For me I have a arrest record for driving with suspended license (non payment of ticket) for which I was fingerprinted and photographed though I have police clearance letter from SJPD.

    If you are sure that you do not have any records like this then go for stamping of H1 also. It is perfectly OK to get both PR landing and H1B stamping done.





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  • pd_recapturing
    08-03 05:07 PM
    What is that thing called as interfiling ? I guess, you need to file an amendment saying that instead of using that labor, use this labor. Somebody explained this process in some other forum. Here is the link:

    http://immigrationvoice.org/forum/showthread.php?t=5482



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  • Libra
    11-15 02:08 PM
    bumping the thread.....anyone out there to join MN state chapter?





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  • vadik78
    03-24 04:42 PM
    Including MBA under stem - I do not have MBA, however :(, but I support "educated" immigration



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  • pd_recapturing
    08-15 07:59 PM
    I do not think so. I have contacted Congressman but I doubt my lawyer pr employer will ever know about it. But on separate note, whats the issue if employer/lawyer get to know about it ?





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  • StuckInTheMuck
    05-04 04:08 PM
    Great! Thanks to all three of you.



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  • Ann Ruben
    02-09 10:47 PM
    Saurin,

    Technically, your H-1B status terminates once you are no longer working for and being paid by your H-1 employer. Being on a LOA does not protect you from this unless the LOA is for reasons that are both personal and out of your control, such as serious illness.

    A new employer can file an H-1 petition for you even if your current H-1 has not been cancelled. You will be required to submit recent pay stubs with that application.

    You mention AC-21 and having an EAD, but your profile does not indicate that you have a pending I-485. Can you clarify?

    Ann





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  • zCool
    04-01 10:36 PM
    This is where you start showing streaks of schizophrenia ..
    What do you hope to achieve?? that they will send your 485 to some "experienced" IO???
    First..
    None has ANY idea what's going on inside of USCIS.. by one account something like 30% of experienced adjudicators quit last year!
    Second..
    Even if lets say you get what you want.. what would that achieve??? ultimately your case gets decided on its merit..

    But chances are people like you.. you will put another question and then 1 more and then 1 more..



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  • GCWhru
    03-26 02:10 PM
    Do you have any source on this....I also had to amend my H1B last month. Its done without any issues..

    My lawyer informed this. They instructed me not to travel while extension is pending. In case you have to travel, they suggest to do the extension after return back. I don't have any source for this information.

    But it makes sense isn't it. Your extension is the extension of your last I94, however if you travelled after application, your extension have different i94 number and your recent i94 has different number. Just my opinion.





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  • Humhongekamyab
    02-24 02:39 PM
    For those who think that this is good and will not affect them -

    What we are hearing now in the news is just the tip of the iceberg. It is just ground work to justify tougher measures against employment based immigration. If it continues, CIR will be passed giving path to citizenship to ILLEGAL immigrants without any measure for employment based immigration. Remember, the only folks who have been in influential position to support EB immigration has been big businesses (like Microsoft, Oracle) and AILA. With the rising unemployment rate, nobody will listen to these businesses. With the indictment of (even a few) cases of H-1B fraud, AILA will not be able to fight the impending tsunami against legal employment based immigrants.

    If we don't do anything illegals will be citizens while people with H-1 and even EAD will be forced to go back.

    Can't agree more. This is how it starts - Divide and Rule. First it was the TARP recipients only. Next will IT companies. Then it will be EAD and maybe finally the Green Cards.



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  • PD_Dec2002
    06-12 03:55 PM
    up

    If you have attached all the documents correctly and appropriately, then you won't get a RFE at all. Scan the forums to see why people have gotten RFEs and see if you have done the same mistakes. My lawyer confirmed that it's perfectly okay to send two recent paystubs instead of an employment letter. So your paystubs can't trigger a RFE.

    As for getting your I-485 processed in 6 months? Well, if you are lucky, anything can happen. :-) The truth is I have several friends with PDs of 2002 and 2003, who haven't gotten their approvals yet.

    You can see the processing times here: https://egov.uscis.gov/cris/jsps/ptimes.jsp

    Good luck.

    Thanks,
    Jayant





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  • masterji
    07-21 08:21 PM
    I am in H1 and filed for 485 and EAD, AP. Still have my H1B visa in my passport. Does getting EAD mean you are no more in H1? Or you really have to USE it to be out of H1.





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  • senthil1
    06-30 10:46 AM
    Why do you want labor substituion at this time when they are discontinuing for fraud? Are you working same company or joining the company for just labor substitution?
    If you are waiting for long time for Gc then you can take risk. But if you are in US just for 1 or 2 years you have lot of time to get GC. If you are getting the labor in same company you are working now probably ok. But if you have too many uncertanities then it is better not to use it.

    Thanks all. I think the labor only says BS + min 3 years experience in related field. What are the chances that if I proceed on Monday, I will get an RFE on this? And would there be anyway I could respond to that RFE successfully?





    saimrathi
    07-07 10:33 PM
    So more ppl can be informed... Its not spamming.. ;)

    Why you are spamming all the thread with the same message. We already have two thread for this video





    coopheal
    12-02 11:13 AM
    Just an idea without any real effort behind it is dreaming. That will not take us anywhere.

    Therefore, everyone who have tossed around ideas at IV here is your chance to put some real effort to back your seriousness.

    Contribute today and every month so some ideas get chance to be implemented.



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