Monday, June 13, 2011

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  • veni001
    06-18 01:54 PM
    Once you are able/eligible to use AC21 you are safe!

    Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?

    Thanks...





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  • suavesandeep
    12-19 05:13 PM
    I would agree to this. Only if you live in the US and do not get a pay check you will be in trouble for both H1 extension and GC processing.





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  • praveenuppaluri
    02-21 10:41 AM
    Hello all

    starting Jan 19th 2010, all the previous forms for non-immigrant visa (DS 156, 157 and 158) are removed and one single form DS 160 is introduced. I am trying to fill that for my parents and this form is an online form and one of the questions in page 1 is "your full name in native alphabet". I remember filling that for my H1 previously where I take the printouts and write my name in that box in my native language. the new form however doesn't let you save or move forward with an empty box. the only other option there is "do not apply" and not sure if that is the right way of doing it (right now its the only way I can fill this form)

    anyone who filled this form recently - can you please share what you did?

    Thanks
    Praveen





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  • jonty_11
    12-14 12:56 PM
    Just called Ken Salazar's office, and made a comment to distinghuish between Illegal and Legals...and our retrogression issue.....again, seems like our cause is not something they know about...



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  • psaxena
    06-03 06:00 PM
    Nothing gonna happen, USCIS will come to know that you are jobless and you will be deported the next day..

    Why the heck dun you hire a lawyer or just get a 30 min consultation from any lawyer.
    Stop these fake ID...I know who the hell are you. and You know me very well.

    Hi All,
    My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.

    For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.

    Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low

    Please give me your valuable suggestion

    Thanks





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  • zeta7
    03-25 08:50 PM
    Thanks guys for advise and kind words. Unfortunately, I did not apply for AP assuming I will get it stamped as was the case in 2005 when I had no problems.

    Any possibilty of applying for AP now?

    Pls. advise.

    RV

    As far as I know you must be in the US to apply for AP. But even if you could apply it probably won't serve your time interests since it takes at least 3 months to get it processed; and these days it would probably take up to 4-5 months. I applied for AP in November, I still haven't received it.



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  • hpandey
    11-11 11:14 AM
    Look at the bright side buddy . It is definitely something to look forward to and provides hope that you might get the magic email of getting your GC any day. Of course three year H1 extension and two year EAD is the problem but you are looking on the wrong side. If you get the GC neither will you need the H1 nor the EAD.

    And I don't think you are thinking about the money wasted by just having a 1 year H1 and EAD because I am sure you will get your GC in the next one year at least . Cheer up. Things could be worse ( you could be EB3 - 2008 ! )





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  • n2b
    04-18 04:42 PM
    the main grey area for n2b is --



    but in his case, he jumped to EAD (lost his nonimmigrant status temporarily) and is trying to jump back to H1 status.



    See the thin is as far as the status goes I believe one is not on Immigrant status unless one gets the GC; and their are only two statuses, Immigrant and Non-Immigrant for us (or I guess illegal, which we are not for sure)!!

    So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?



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  • coolpal
    03-20 09:21 AM
    Hi,

    I am in the same boat... but a little complicated. I am working for one of the big TARP funded firms as a consultant for almost a year now. I applied for h1 extension last june (my first 3 years was ending sep 30th 2008), but that application was pending forever, and I heard there were some queries with my (ex) employer (company A) for excessive use of h1bs... so applied for h1 transfer (while the first one was still pending) to company B in Dec 2008. I received a RFE asking for client letters, contracts etc, for h1b transfer application to company B in Jan 2009, for which we responded in first week of Feb 2009 with all the requested info including W2s from my first year of H1 till now.. my application was still pending as of last week, so we applied for premium processing on friday, and yesterday, I got an update saying they sent another RFE :(

    I guess the contract that we sent for the first RFE probably had the contract end date as Feb 28th 2009.. not sure, but that might be the reason for the second RFE. Problem is my client usually approves contracts 4 - 6 months at a time, and I currently have a valid contract till June 30th 2009, and I know it is being extended beyond that, but I can't get the proof until June... hope I get it approved this time :mad:

    I was always paid more than the prevailing wage and was never put on bench... just had some unpaid vacation a couple of times (for 3 weeks each) for visiting India... I even worked on CPT and OPT back in 2004 and have the W2s for them as well... in fact, I even sent them paystubs for all of 2008... man what else do they want? my life?? :mad:

    pal :)





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  • santb1975
    11-21 02:30 PM
    With an EAD in hand and with the Market there could be a bigger and better opportunity. Keep up the high spirits

    But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.



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  • sankar_203
    09-25 01:35 PM
    My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?

    You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.

    Please advise.

    I am in the same situation as yours, (Actually my H1-B got denied)but i haven't filed for H1-B, i have inquired about it. You can file for H-1B and you are not subjected to quota . Only thing is your time towards on EAD will be counted against your H1-B. say out of 6 years of total H1-B, if you have 3 years of it and 1 year on EAD, when you apply for H1-B, you'll get the remaining 2 years. Your attorney will be able to help you out on this..Please keep us posted about the outcome and good luck..





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  • brij523
    02-20 11:38 AM
    please join.



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  • sri@180
    02-08 07:53 AM
    Hi,
    I am waiting for replys.
    But with in one month of my h1 approval of nov2007 i came to India.
    I did one certification(one paper) in one language in november2007.
    I have only one paystub.Do i need my employer 3 yrs tax papers.I am the 1st employee to my employer.Is any other documents needed other than pictures of my employers office,tax papers.Did i have to submit my indian experience or any other documents from indian company.Right now Can i change years of experience in india(Actually i submitted in h1 process 2 +yrs of experience in india,Can i change that to 1 yr exp in india now.Because i missed few documents of india experience).

    In which location is easy for me to stamp delhi|mumbai|chennai.
    Pls post experiences and needed docs.





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  • SSSarkar
    06-23 10:47 AM
    I wanted to tell that only last year's tax return was needed. Nothing else.

    USCIS can ask for previous tax return any time. you maynot have tofile now but better to clean that. refile 1040X and pay the taxes and interst. you will be fine. IRS is good if you accept your mistake instead of catching you later.



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  • whattodo21
    10-25 09:22 AM
    how do you get a copy of the approved i-140 if the employer is not willing to give it?





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  • fcres
    07-26 10:02 AM
    Documents required for EAD/I-765 per person:

    Completed Form I-765 (EAD):
    http://www.uscis.gov/files/form/I-765.pdf
    2 photos(full frontal)
    USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your (A# or SSN#) and I-765 mentioned in the comments section of the check
    Copy of recent I-94 card (both sides)
    Copy of visa page of passport in color
    Copy of driver's license
    Copy of I-485 receipt notice (if applicable)
    Copy of I-140 approval notice
    Copy of Marriage certificate (if applying for spouse)

    I also included the latest H1B Approval Notice and Birth Certificate as per the checklist by my lawyer. His fees was high so I filed couple of weeks back and got the Receipt Number from the back of my check.

    Since this is not concurrent filing, i think the fees will increase on July 30th.



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  • neelu
    03-30 10:50 AM
    People who want to contribute money will always do. You may get a few people to donate because of the "Donor" status, but most I feel want to contribute because they care.

    Please allow me to turn around that question and pose it back to you - so how do we keep and attract people to volunteer (for all the wonderful things that I mentioned in my post)?

    All I am saying is that this approach could hurt more than it may help.


    So what do you suggest as the alternate to get the needed fund...?





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  • desi3933
    02-14 08:29 AM
    Hello all,

    Is there a law that grant green card for a person who's been in the States legally for more than 10 years?

    Thanks

    No, not that for 10 years.

    Howeve, the I-485 can be filed based on residency, if the applicant has been US resident since before Jan 1st, 1972.

    The applicant need to
    1. secure a signed SSA-795 from the individual indicating the beginning and ending dates of all periods of residence in the U.S. The statement does not have to include the complete street address. The town and/or State is sufficient.
    2. a statement which shows no absence of longer than 6 months is sufficient to determine continuous residence in the U.S. since before January 1, 1972.



    __________________
    Not a legal advice.





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  • sripk
    07-17 03:51 AM
    Hi,
    I received RFE on my 485 for I94 copy. My situation is below

    I travelled to Tijuana, Mexico from San Diego by road to request
    for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
    was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
    of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE





    Green_Print
    07-17 06:54 PM
    eb3_nepa,
    See the flower campaign did lead to POSITIVE results. I hope your skepticism at the time of inception of the idea of flower campaign is now long gone.:D





    drsnh123
    06-20 07:48 AM
    thanks for the reply guys. if some more people can give their opinions , that will be gr8
    I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
    thanks for your opinions
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