Saturday, June 11, 2011

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  • aroranuj
    08-19 10:05 PM
    I am filing for my EAD renewal and had a quick question...I have an EAD card from when I was in college and did my OPT. The problem though is that I do not have some of the details that they ask for while filing EAD renewal, such as what Center was it processed at & what was the application date.

    I have already called USCIS & they cant pull up what center my EAD was filed at or the date it was filed. Can anyone suggest what I should do in this situation? What do I put in the form? Does anyone have similar experiences?





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  • reachinus
    11-18 01:41 PM
    1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
    A. While file for her H1 transfer she can ask for 3 years extension based on approved 140

    2) file a new labor and port her PD from the approved 140?
    A. If she has not filed her 485 then she has to start the GC and can port her PD to the new 140

    3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
    A. 1 and 2 are possible. If she wants she can transfer to H4 as well.

    Hope this helps.





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  • Reddy1576
    07-27 12:03 AM
    I am on 9th Year H1 extension and my H1 will expire in end of September 2009.My Labor got approved in 2007 So, I filed I140 and I-485 concurrently. But My I-140 got denied which filed with concurrent then Lawyer appealed as Motion to Reopen the I-140 which got denied and lawyer filed another I-140 as a brand new.

    So there are 2 I-140's with the USCIS.

    Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.

    Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.

    Infact I recently travelled to india and came back on Advance Parole before all this denial happend.

    Now, I filed my H1B extension , What will happen to the H1 extension ?

    and What is my status now?

    Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?

    Any help would appreciate

    Thanks
    Reddy





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  • hpandey
    04-30 01:36 PM
    So, does that mean i can use AC 21 ? What problems if any should i expect in ac21 transfer ?

    Yes if you transfer your H1 to move to the other employer ( instead of using EAD ) then you remain in H-status and your wife's H4 status also remains valid.

    But always consult a lawyer before taking any step because I have heard conflicting opinions before.



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  • logiclife
    01-16 12:43 PM
    There are some apprehensions on immigration portal about legality of lobbying and having an advocacy group to talk on our behalf and work on our behalf. I have posted a reply there and I am posting that same thing here to clear your fears of "backlash" and "Legal issues".

    -----------------------------------
    Hi,

    There is nothing wrong with Lobbying. It is completely legal to seek professional advocacy for a public cause in order to shape public policy.

    It is regulated and legal. Money given to lobbyist are a matter of public record. Hundreds of corporations do this all the time and some of them have their own people do it and some of them hire outside firms who specialize in such activities.

    Lobbying has become a dirty word in the past 4 years and more so because of Abramoff scandal. But it is not going to end and it will continue happening since ITS LEGAL AND REGULATED AND MONITORED.

    See more here http://en.wikipedia.org/wiki/Lobbying to do research in history and dynamics of lobbying.

    Think about lobbying as hiring a lawyer. You can pay a lawyer as much as you want. Its legal. You cannot pay the judge. That is bribery and that is illegal. Similary we are paying orgs to be our advocates or communicator to lawmakers. No-one here is paying any lawmakers. Not a penny.

    Regarding the reactions BECAUSE we hire professional advocates(using advocacy instead of lobbying since its dirty now due to scandals...its the same thing) ....here is the deal. There are 2 choices:

    Choice 1.

    You can be afraid of raising your voice and afraid of anything and everything including the "RADAR" of god-knows-which branch of government(even though its legal), you can be afraid of your own employer(even though its not against company policy in 99% companies to contribute money to orgs that advocate, I have asked my company and they said its ok as long as its not my own profession to lobby and as long as I am not profiting from it personally...which I am not...its contrary...I and other voluteers have contributed personally), you can be afraid of anti-immigration forces that are not going to do anything but...you can be afraid of them. You can live in a country as free as US and be afraid of things that dont even exist.

    Choice 2.

    You can use your backbone and stand up to raise your voice for something you want and something you believe in. Every once in a while you HAVE TO STAND UP FOR WHAT YOU WANT AND SPEAK UP. Justice is not automatic.

    For the sake of argument, let us say that you are on some-one's radar. Who do you thing that is? What are they going to do? If its government branch or agency, they wont do anything because nothing here is illegal. If its a private anti-immigration org then they will know that there are forces just like them in the opposite direction on this issue for immigration. So WHAT? WE know about them and they know about us. They do their job. We do our job. At the end of the day if we make an effect of even 5% on this issue, it could be decisive. And by the way, there are many other orgs that publicly advocate immigration(including illegal immigration) and they have their websites and phone numbers and addresses. They are not afraid of "RADARS" and "ANTI-IMMIGRATION FORCES". WHY SHOULD WE BE AFRAID OF ANYONE.

    Lastly, if you cannot give up your fears and speak up or stand up...atleast dont scare others. I would really appreciate.

    Thanks,
    Logiclife.





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  • gssh
    07-18 10:47 AM
    CORE team has done an excellent job. Keep it up.



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  • priti8888
    08-01 07:59 PM
    guys, I appreciate the Mr Zoe's gesture , but I dont really think fees is a big issue here. If a company pays, its not an applicants problem. If the applicant pays, few thousand dollars extra will make us any poorer..

    The problem is the huge backlog, 140000 limit, per country limit, visas being wasted while ppl wait for years.....

    She has so much power, she should lobby for visa recapture





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  • gcformeornot
    09-25 03:53 PM
    When 140 is revoked USCIS generally send NOID and ask from a offer letter from intended(new) employer. If you can not provide a letter from new employer... they will deny 485.... sorry.

    Your EAD is valid, but it is useful only if you have a new job.



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  • mohit7ul
    07-12 09:51 PM
    Hi

    My wife is on H4 and is planning to convert to F1 before joining graduate school to get scholarship. At same time my PERM is filed and once approved i was planning to use cross chargebility to file under my wife country of birth quota (UAE). i wanted to know following

    a) if she applied for conversion for F1 today, can she get scholarship before she gets ssn or she has to wait till she gets ssn

    B) If during her F1 processing time or grauate studies on F1, if my PERM gets approved, can i file for I-140 and I485 using cross chargebility with her being on F1 or i would have to wait for her to conert to H4? If there any risk to our green card processing

    C)If she continues on H4 visa, can she still get scholarship? if not once she graduates would she be in special US master degree quota for H1B?

    Any help on these would be great

    Thanks





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  • perm2gc
    06-16 09:29 PM
    I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.

    What will be my status till Oct 1st from the day my H1 is approved?
    You H1 will aproved from oct 1st only.until that time you will be on H4.

    Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
    You attorney might have applied while applying your H!.Contact your attorney.

    What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
    You can apply and don't expect that your EAD will come before H1.

    What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
    No Chance that can happen with volumes of applications to be filed.To get the receipt date only it make take 5-6 months.

    What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
    I20.can you explain in detail

    Please help me out.

    Thanks
    Please talk to your attorney.My views are personal.



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  • gc2
    09-17 11:05 AM
    thanks for your response. To clarify

    1. Company A wants me to goto EAD and not do H renewal. Company B is doing H transfer now. Say H transfer notice comes through in 2 months from now and i keep working for Company A (using EAD) untill 2nd Jan. In this time Company B will hold my H visa but i wont be joining them untill 2nd Jan. Thus i will work for company A from now to 2nd Jan on EAD and then switch to company B on H visa. Is this possible ?

    2. i did'nt realize that i cant pay for H renewal.

    Many thanks for your response.





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  • dealsnet
    04-06 10:59 AM
    By theoritical no problem, if you have credits equal to US bachelors and masters degrees.
    But in practical, USCIS now denying I-140 for 3 year degree holders, even the job requires masters. Try EB3 also. (Good luck).

    My perm was approved a couple of weeks back and we are going to file the 140 pretty soon. In the mean while I had a question regarding the educational equivalency issue I see during this stage. The perm is for EB-2 which requires a Masters Degree( Foreign Degree acceptable). I've a Bachelors from UK which is 3 years and a Masters from UK which is 1 year. During the I-140 process will there be a problem coz of this. Do we have to submit the Bachelors degree information even though the requirement is for a Masters?

    Thanks for any input.



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  • meridiani.planum
    11-26 01:21 PM
    Perhaps I am missing something. I thought you could get an extension beyond six years only if:
    1. Your labor was pending for more than 360 days OR
    2. Your I-140 was approved

    I did not know that you could get an extension if:
    Your labor was approved and your I-140 was still pending.

    My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.

    you can get an H1 extension if your LC is approved and I-140 is pending as long as the LC is>365 days. ie. for that 365 day rule LC has to be approved OR pending, its state does not matter. It just needs to be old enough.

    USCIS is now doing premium processing of I-140 for people whose LC is <365 days old at the point their H1 runs out. THere is no other way than an approved I-140 for these people to get an extension.





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  • nashdel
    04-06 11:26 PM
    I went to Delhi recently for emergency appointment. The person who replied to my email (within 12 hours) told me to call next morning.

    He gave me option for next day and told me to bring demand draft rather than their receipt for HDFC bank (lady at the counter did ask me about it though).

    You should complete the online application as per their recommendations on website. It is very important. They would avoid data entry by you doing so.

    Counter Lady put a blue sticker on my passport just like old times and asked me to collect my passport from embassy counter itself.

    After usual long wait, I was interviewed and even though I did not have some of the documents she asked, she did not create any problems.

    However, she said since my application is not cleared in PIMS, she is helpless in issuing visa. She gave me pink slip with ' petition not in PIMS' and emergency appointment written over it.

    She asked me to check status on line at NEw delhi embassy website.

    Anyway, it took them 2 weeks to clear PIMS and I had to postpone my flight 2 times. Emails to them is useless. they would not reply at Delhi. Phone is answered between 2-3 PM and I have to constantly redial many many times before some one will pick up.

    I asked for them to return my passport many times so that I can return on AP but they would not do that. (could have been risky long term as my I 140 is not cleared yet). My h1b attorney`s paralegal did advice me to come back on AP if I am at risk of loosing my job. She said usually going back to H1b is very simple process even after you enter on AP.

    Anyway, If you have AP, think twice if your employer is not willing to wait longer than necessary.

    By the way my information was never updated on website even after I got the visa. My wife was calling DOS in US and they were very helpful in telling the status of PIMS.

    Hopefully that helps you in your difficult times.



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  • suryamnb
    12-03 09:41 AM
    Friends,

    Company A sponsored my GC (PERM & 140 Approved) and soon after 180 day wait period had passed, I moved to company B and started working on EAD.
    Now, company B is going to be merged with Company C. Then what will be my status? Do I need to do any thing to keep my GC process alive?

    Thanks!





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  • colors
    09-05 11:42 AM
    Kumar,

    It should come with in a week. It all depends on whether you filed your I-485 through attorney or not. For me they send it on 08/29/08. My attorneys informed me on 09/04/2008.

    Hope that helps



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  • sukhyani
    01-26 07:44 PM
    Hey guys, I received this notice in the mail from USCIS asking me to appear for "Initial" interview for further processing of my I485. Can someone please throw some light on what that might involve?

    My PD is 09/04, June 07 Filer and had an RFE back in Septmeber.

    Please reply.





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  • frostrated
    07-09 01:26 PM
    Dear Mr. ------:

    Thank you for contacting me about immigration reform. The need to fix our broken system is clear, and I appreciate having the benefit of your insight on one of the most important issues of our day.

    Immigration reform must ultimately be about improving our system for legal immigration, not about creating new benefits for illegal aliens. Although we are a proud nation of immigrants, we are also a nation of laws. If policymakers will agree that all immigrants must abide by the rule of law, then we can reach a consensus on ways to improve the legal process so that it meets the needs of our society, our economy, and our national security.

    During the 110th Congress, the Senate considered comprehensive immigration reform legislation (S. 1639). I had serious concerns that the legislation, as drafted, would have repeated the well documented mistakes of the 1986 amnesty bill. Furthermore, Senators were not allowed the full opportunity to offer amendments to this flawed legislation, and as such, I was one of 53 Senators who voted against the cloture motion to bring S. 1639 to a vote.

    I have been working throughout my time in the Senate to develop a solution to this problem that I believe will work. I encourage you to visit my website at http://www.cornyn.senate.gov/immigration for more information regarding the immigration reforms I support. As we consider immigration reform proposals in the future, I will continue to promote these policies, but I will oppose any bill that rewards illegal conduct and encourages further disrespect for our laws.

    I appreciate the opportunity to represent the interests of Texans in the United States Senate. Thank you for taking the time to contact me.

    Sincerely,

    JOHN CORNYN
    United States Senator

    i have sent him about three emails. The response is the same - word for word. If they see any immigration related email from a constituent, all they get is this canned response. Sen. Conryn is anti-immgrant for all I know and care.





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  • GCBy3000
    04-28 03:58 PM
    Where is the link to this article?





    vishwak
    09-13 09:48 AM
    There shouldn't be any Payroll at all.
    Ask them not to run payroll until you get approved EAD. Having Payroll might create issues in future.

    As her manager is helpful, tell them she will not work until she gets EAD approval.





    bijualex29
    07-19 10:36 AM
    I do not think that it applies to new EAD, it only for renewing the EDA card



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