Monday, June 20, 2011

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  • gc_chahiye
    07-20 03:49 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?

    1. Can I apply EAD myself?


    yes, once you have the I-485 receipt. You dont need anything from your employer for filing EAD.


    2. will I get in trouble if I do not have EAD and my H1 expires?


    status-wise you will be ok since your status will be 485-pending. However you will need to stop working if they have not applied for your H1 extension by the last day of your current H1 (ie. by Jan 2008). They can apply for your H1 extension even on the last day of your current H1s expiry and you can then continue working for upto 240 days after expiry of your current H1 while waiting for approval of that extension request. Filing 90 days in advance is ok, if you are paranoid ask them to do in premium processing when they file it (offering to pay the $1000) if that makes you more comfortable.

    Not sure why you want an early H1 extension filing...




    3. Can I move to new employer using AC21 without EAD?

    yup. You can transfer H1 and invoke AC21. In fact that is recommended (try to maintain your H1 status while your 485 is pending so if you get a denial you atleast have some status to work out your next move.




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  • collkaverill
    09-04 12:32 PM
    This is an interesting article. My younger brother works for Wipro in India. He has a H1 Visa and work permit for U.K. He highly prefers London to US for several reasons. Firstly, he saves more money there (it used to be other way round a while back). Secondly, if he gets married, she won't be stuck at home for lack of visa... Currently he is here in US temporarily but when he goes back to India, he is going to ask for a longterm project in UK. Certainly doesn't want to come here on a longterm project. More importantly he doesn't want to settle permanently anywhere except in India.

    I feel bad for getting stuck in this country. My wife is a doctor and her prospects anywhere except in US are very dim. But if I would have been married to an IT girl, I would have strongly persued oppurtunities else where. World is big and for IT folks oppurtunities are abundant everywhere...




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  • ebizash
    09-28 10:38 AM
    On a side note, what do you guys suggest to use for trading for someone like me who does it occasionally and very low volume both in terms of quantity and $. Currently I use share builder... is there anything cheaper and better than this.

    Try Zecco. I was also using ShareBuilder but some of their fees are ridiculous like charging % on total trade if no. of stocks traded in an order is more than 1000. On the other hand, Zecco charges flat $4.50 no matter how big the trade is.

    PM me if you need more info about Zecco.




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  • pappu
    04-10 11:52 AM
    Friends,
    I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation

    1. I have approved I140 > 180 days in actually 300 days

    2. I have approved EAD

    3. mine is labor transfer case and I used an existing labor that matched my job profile

    4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.

    5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....


    Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.

    Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..

    please help

    Please update your profile with details so that it can be helpful to everyone tracking the success
    http://immigrationvoice.org/forum/profile.php?do=editprofile

    on IV tracker
    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

    I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.



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  • meridiani.planum
    06-02 02:12 PM
    I am just wondering if kaiserrose can get his wife an EAD as well - doesn't that make both on AOS-pending status?

    that requires his wife to first file a I-485 for herself, and she can only do that once his PD is current (EB3 INdia is at 2001, he is at 2003 so thats not possible right now)




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  • Quest99
    09-14 04:40 PM
    It looks like a case of misunderstanding. Did you explain why you had the change of heart?. Explain your personal situation -like you are explaining here- with the pregnancy and commute time and doctors visits that are required every week?. I am not sure why a sane person wont understand the reasons why you decided not to join them. Further, if they do not understand, ask them if they have filed paperwork for H1?. If NO, then what is the claim of $3000 for?
    I explained my situation (I told them everything I wrote here) to them, but they don't care to listen. I have asked for the sign of contract proof and after that so far no mails from them.



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  • rnvd
    10-31 10:10 AM
    Hi Ramba,
    The POE offier given I-94 based on the visa expiry eventhough i showed new H1b approval. I told office i am working for this new company.




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  • snathan
    04-13 07:44 AM
    Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them

    Have you forgot how many visa numbers the EB1A/EB1B/EB2-NIW consume...if they are not counted it will free up 10-20k visa numbers annually at least...



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  • nlssubbu
    10-02 11:38 AM
    Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?

    Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.

    The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.

    (Though I got GC now, my H1 is valid till end of 2010 :) )




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  • saro28
    12-26 07:57 PM
    It took about 4 weeks. Do you have H1-B extension? If so, I would suggest to use that instead of waiting for AP. The AP has new date instead of old one. Good Luck in getting the AP sooner.

    agc2005,

    Thanks for the reply.
    I already send my EAD card. on Dec 11th. When did you resubmitted EAD Card and how many day USCIS took to reissue new EAD cards.

    THanks

    Any body who has simillary issue with AP and did you guys did. and how it took for u you to new cards.
    Please send your experince.

    Can I make this expedite. As I planning to go to India in Jan.



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  • katewill
    08-24 02:28 PM
    i got it. thanks Xu1
    according to your info, can i assume:

    out of 360K,
    270k belongs to EB3
    135k still in DBEC (lets say 100K for 2001-02 cases)
    135k still in PBEC (lets say 35K pending 2001-02)
    so still 135k pending for EB3 for 2001-02.
    so what is ratio of big 4 vs. the rest in EB3? any guess?
    no one knows monthly BEC approval rate either right?

    i am trying to guess how further will it retrogress...(well no one knows but...)




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  • srarao
    07-14 08:49 AM
    I see lot of mails asking the Core team to come up with some info.
    They are also guys like us and they are good to work for us .
    If they have any info it is on the site.
    Let us not drag them in every discusssion.
    Let them do their job.
    -Rao.



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  • pappu
    03-01 08:02 PM
    Its been a long time since a conf call is organized. Could you all pls. organize the call and start action items. Thanks




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  • Aah_GC
    05-30 03:46 PM
    Also when quitting what is the must-have documents we need to secure before leaving employer X.

    Can someone please reply on this

    If you can get your hands on photocopies of Labor certificate, that would be awesome. Otherwise, make sure you at least have the following -

    1. Experience letter (with last day of attendance)
    2. I140 receipt
    3. I485 receipt
    4. Paystubs for 6 months of employment post I1485 receive date

    You are good to go from there.



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  • dan19
    01-15 11:48 AM
    jonty_11,

    the canadian immigration specifically asks for the IELTS. so try to take it. it is not a difficult one.

    one of my friends wrote a detailed letter to the immigration dept. showing proof of his english proficiency. i heard it worked and he wasn't asked to take IELTS. (but it all depends on the officer who evaluates the case)


    Furthur the letter states: If you fail to provide results of Lang test , an assessment will be done based on information you have provided and that may result is fewer points being awarded for language abilit, influencing overall eligibility.

    I am thinking of not taking this test. Anyone else with similar letter from canada Buffalo office?




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  • chalamurariusa
    04-28 11:43 AM
    I have been trying to find out about this document mailed mystery.

    We applied for our GC in aug 2007. Recd a RFE for I 693 Skin test for TB on april 16th 2009. We still hv to reply to the RFE.My elder son is over 21 and is on AOS and today on the online status we saw a message.

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Document mailed to applicant.

    On April 22, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    He too had recd the RFE for TB skin test. We are really worried as to what cld this mean. Has anyone ever recd a message like this. Please someone advise as to what it cld be



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  • mirage
    06-11 11:55 AM
    You look very angry. Take a shower. Do you think Core team is there to answer every question that is asked here ? Did you hire them as a full time employee ? How did you reach the conclusion that they are working for their benifit ? Look in to the mirror, ask yourself a question what you have done until now to help yourself to bail out of the mess you are in, I mean what efforts have you made to meet the senators and congressmen of your area, how many people you have influenced to join IV, how much you have contributed to help IV stay afloat. Only if you have satifactory answers to these questions, come back and ask questions.

    I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many ....
    :mad:




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  • raysaikat
    04-08 10:39 PM
    - Can you work for 2 employers at the same time while making the switch?

    -- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
    That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.


    He can by using so-called concurrent H-1B's. There is an option in I-129 (Q. 2.d) to indicate that the new H-1B is concurrent.




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  • mchundi
    08-05 09:16 PM
    get relief from retrogression. Capture of unused visa numbers etc will make us ignore how many apps USCIS received.

    Good thing is that people will get interim benefits like EAD/AP.

    First they need to cope with the scores of petetions, USCIS and FBI.
    For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
    This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
    Additional VISA numbers may not help anybody, if they don't use them properly




    abhijitp
    01-24 05:19 PM
    ^^




    bsbawa10
    09-29 08:41 PM
    Extremely well put together. Can we send it to USCIS director so that it can make some impact ??



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