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  • lostinbeta
    10-03 01:39 PM
    Or...... less :evil:

    Ah, let us stop spamming. This poor guy is going to come back and be in tears with all the useless crap we posted in here.





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  • sravani
    05-24 09:22 AM
    Please go ahead with the filing especially when your employer is bearing the expenses.

    Everything is in flux right now and even the bill is approved, It takes some time for the new system to get in place and you can preserve the Priority Date of the LC applied under the old system, if you need to reapply as per the new merit based point system.





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  • s.m.srinivas
    03-31 10:42 PM
    Company A in my case has not revoked my H1B, it's still in valid status. I had been to India too & I came back with same VISA on MARCH 12 2009. I have mentioned in the post also.
    "snathan", can you tell me what are the options for me now in this situation?





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  • anu_t
    07-21 03:01 PM
    Yes. while applying for my new labour My lawyer and my company told me "I can not work from home". I think due to the new restrictions and everything lawyers doesn't want to take any kind of risks any more. (Means that's what I interpreted.)



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  • sunny1000
    01-02 04:59 PM
    My husband, the primary applicant is a temporary non immigrant worker on H1B visa. I have been on an H4 status for the last 6 years since we relocated to the U.S. Our I-485 is on track and continued (visa availability). I've had an EAD for the past 3 years (renewed twice and now valid until 2012) but never used it, until recently...

    I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.

    Pria

    Yes, you have lost your H4 status once you have used the EAD. Currently, you are in the middle of "adjustment of status" (AOS) from a non-immigrant to an immigrant.

    In order to travel to India, you can apply for Advance Parole (AP) document, with your current AOS, for travel purposes. It takes approx 3 months to get AP. So, start your application asap.

    CAUTION: DO NOT travel WITHOUT your APPROVED Advance Parole in hand or else your GC application is deemed abandoned (no exceptions).

    Below is the link for Advance Parole:

    USCIS - I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)





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  • Marphad
    03-27 08:47 AM
    AP:

    Earlieir link provided ( http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf) has that info too.

    An alien, however, who entered the United States pursuant to an advance parole document is not �lawfully admitted,� because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k).

    Yes, on AOS you are always in status. Gap in employment should not be an issue on AOS as long as you can produce an EVL.

    Status violations are a problem only when you are on H1B.

    I entered on H1 not AP. Hope this is safe :).



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  • anu_t
    06-17 12:23 PM
    There are a lot of IV members whose labor is not approved yet (like me) or did not have their 140 filed as of May 15.

    No. I don't think so you will have problem like us. Because you are stil eligible for 1 year extesion as labour is pending. For us we can't even apply for labour. and when we can i.e. on oct 2008 by that time we would have left less than 1 year so it is also not useful for us.





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  • waitin_toolong
    07-18 07:03 PM
    what if for some reason you miss the flight or it gets canceled, give yourself some buffer time and save a lot of grief.

    Decide a few dollars is more important than getting I-485 on time or not.

    I have seen the same thing with B1 people, first they forget the rule is 180 days not six months then they book last day flight and are here beyond I-94 date.



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  • arunmohan
    11-15 04:00 PM
    Same or similar
    Right now i am working in company A as software engineer.
    got offer from company B designation DBA .is this is same /similar job code or different?
    please help





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  • anishNewbie
    09-10 04:07 PM
    MS + Zero exp = I doubt if any one out there

    Hmm.. I though many people are there.. bumerr...

    Anyways.. I am shooting for EB2 category as I have my MS.. Few of my freinds here in office have applied for GC , but all of them have applied with MS + 1 atleast... I was kinda worried as my JOb code falls under JOb zone 4, how will i qualify for EB2 even though only having MS does qulaify for applying EB2..

    I know.. that a position should require MS or BS +5...rather than one having that degree..

    I was just wondering if there are some people who have applied under EB2 category with MS +0 experience....


    Thank you every1 for your prompt responses...



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  • quotes about reading. Famous Quotes Books Reading



  • cox
    June 18th, 2005, 01:50 PM
    Do you have a lens that will let you get in closer? I'd like to see a portrait style shot of one of the birds with the odd bills.

    Thanks for the suggestions guys. Nik, I was actually using a 600mm + 1.4x for the birds since Avocets and Stilts are pretty shy. These are just small versions, though. Ask and ye shall receive; here's a portrait cropped from another shot. For the full size (a little bigger, 1200x1200) go to my gallery :)

    http://www.dphoto.us/forumphotos/data/887/medium/Avocet_call_C_crop_Nik.jpg (javascript:;)





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  • NH123
    10-20 05:41 PM
    Its illegal to work on H4 with ITIN, you need to have SSN, why did you even mention that on the tax papers. Try to hire a good lawyer to handle your case.

    Sorry for asking this here. Can somebody please tell me how can i start a new thread in this forum.Thanks



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  • vnsriv
    03-31 04:32 PM
    I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.

    If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !

    I second this. Tax Filing has no implications on your immigration status.





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  • velan
    05-26 06:17 AM
    We should say thanks to IV core team, senators who understand our pains and helped to achieve this level and finally to QGA for the guidance given to IV core team.



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  • ita
    01-16 12:05 PM
    While on EAD-AC21 do you know if they compare the salary mentioned on offer letter or the acual W2 amount or is it both to check if it is close to what is mentioned on LC?
    Because the salary on offer letter could be like $15K-$20K/$20K-$30K more than what is mentioned on LC but
    If the W2 reflects not so much difference(like you go on unpaid vacations if possible) then will this be OK?

    Appreciate your advice on this

    Man how many things we have to watch before we do this AC21.I think sometimes I'm thinking/planning too much rather than just taking the jump.

    Thank you.





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  • gc_peshwa
    04-15 01:51 AM
    Spread the word about this campaign with ure friends,colleagues, lets 'DOS proof' our future :-)



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  • eb3_nepa
    05-03 11:07 AM
    Most US citizens have NO clue about our plight. They literally have ZERO clue about our plight. What is worse is, people who came here thru family based immigration have an equal amount of lack of clue about this problem. Right now all the citizens see in us is the enemy (they take our jobs away), they have no idea what kinda stuff we have to go thru to "take their jobs away"!

    EVERY open avenue should be explored. Just that b4 contacting anyone who we are not a 100% certain, discuss with the core members or on the forum.





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  • msyedy
    12-13 12:35 PM
    Cons
    (a) How many EB visas will they increase in CIR?...
    (b) Will they allow you to file I-485 before your visa number is available.
    (c) How stable would be your job be in comming years
    (d) What year of your H1 B are you in.

    1) If you do not have a problem in H1b extension then.. new Perm Labor in 6 months... (a) I-140 in one month if premium ---- b) if they say no premium you have to wait, how long can't say)

    1a) favourable ... 1b) -- ?????

    2) If Eb numbers increase a) allow you to file I-485 to get EAD.
    b) Eb num increases but no I-485 until date becomes current.

    2a) will get you EAD, WIFE can get a job anywhere.. no travel problems and extensions.

    2b -- opposite to 2a

    3) Job at this company or Green Card. a) You want green card quicker as EB2 will move faster than EB3 even if USCIS don't allow you to file I-485 is
    current.

    b) If dont care about the earlier issues and are happy to stick with the new job and feel you will be at this place then

    Your decision....

    I may be wrong but I need GC quicker





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  • Ann Ruben
    06-29 03:00 PM
    Note that you cannot legally be required to reimburse certain immigration fees such as the $1500 or $750 ACWIA fee. Also,you cannot legally be required to reimburse USCIS filing fees and/or immigration related legal fees which, when subtracted from your salary, bring your salary below the required LCA wage.





    Ann Ruben
    06-22 12:10 PM
    There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?


    The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment.

    As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.

    To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.





    designserve
    03-02 06:20 PM
    I have heard atleast 12-13 companies in this area have ICE audits...that may happen to any company in the near term.Let us safely assume to caution new consultants to skip this year's H1B



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