Tuesday, June 14, 2011

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  • texanguy
    08-12 02:29 PM
    Has there been any updates on the combined EAD + AP document? After the disappointing Sept 2010 VB, this atleast will lessen the pain...

    1) Combine EAD and AP into one document and issue for 3 years.

    USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.





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  • akred
    01-01 06:40 PM
    The premise is that a recession will lower demand for worldwide numbers which will then flow to retrogressed categories due to the AC21 rule.





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  • Can2004
    07-13 11:07 PM
    My I-140 has my employers head office address in Part 1( as petitioner/employer). My future job location in I-140 petition is different from the one I am currently working at( on H1B). My H1b and I-140 were filed for different locations.

    Does anybody have an idea which address of employer should I write in the employer address section- Head office address or my current job location.

    thanks for all previous replies.





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  • ssdtm
    12-14 12:55 PM
    Unfortunatley Dems have not shown much zeal which conveys that Immigration Reform is one of their important agenda.

    CIR is much more comprehensive and volatile with far reaching impact. It generates lot of heat and polarization. Due to ploitical sensitiveness both parties are not discucussing too much on it.

    On the other hand, reforms for highly skilled immigrant are subtle in front of it. That can be done without much political heat, and that should be one of our selling point to senators/congressman. ----Vote yes for the reforms - "It has not much backlash, while delivers strong economic gains to the industry, and humanizes the existing program".



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  • div_bell_2003
    10-16 02:16 PM
    As far as my understanding goes , AC-21 is nothing but a rule/memo that allows you to change your GC sponsoring employer. You can decide not to send the AC-21 papers , which pretty much means that your previous company is still your GC sponsoring employer and you are required to work for them once the GC ( also please understand that GC is for a future position ) is approved and stay with them at least 6(or more) months otherwise later down the road ( when you might want to become citizen of this wonderful country) , it might cause some problems to the extent of USCIS determining that as some sort of immigration fraud.

    My lawyer , who is with a pretty big law firm in the SF Bay area, had informed me that it is always a good idea to port the GC sponsoring employer when you change jobs, if you have no intention of going back to your previous employer and work after the GC is approved.

    I've changed jobs and and my lawyer has sent the AC-21 papers recently (I don't exactly know what he has sent, but he did ask for my 485 receipt and if my I-140 has been approved )

    I'd suggest not getting side tracked by the USCIS errors and do things the right way. Good luck.





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  • chanduv23
    01-05 12:03 PM
    Is Eb3 --> Eb2 porting a wide spread phenomina?

    seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough



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  • ChainReaction
    06-14 02:55 PM
    If one is applying I 140 and I 485 concurrently, will EAD come after I 140 gets approved or EAD will come irrespective of I 140 is approved or not?

    I also have the same question can someone comment on this

    thanks !!

    Bumming up /\ /\ /\





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  • TheOmbudsman
    09-01 04:16 PM
    My favorites are "The Bee" and Learning01.

    me too. I am a big fan of bee, logiclife, sunjoshi.



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  • GreeNever
    02-08 03:46 PM
    ... I'm reminded of a popular interview in which a well-noted singer was asked as to how he managed to wed a stunning model. All that he had to say was "I just asked" ..

    Hey, U never know..so let's just do it ;) ..





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  • roseball
    04-04 02:32 PM
    Thank you very much for your response. Yes we have received a 3yr extension (approval notice). in that case, I am assuming that we would have to go to the US embassy overseas to get H1B and H4 stamped on the passport opon returning back to the usa?

    Yes, you will have to go to the US embassy for Visa stamping and use it to re-enter US whenever you travel overseas the next time. Btw, I am assuming you got your H1 extension approval with a I-94 attached. If not, you will have to leave the US immediately and get a visa stamp and re-enter on H1 in order to maintain a valid H1 status and continue to work legally. If you got an I-94 attached with H1 extension approval, then you can continue to stay/work in US as long as your H1 extension is valid. You don't need a VISA stamp unless you travel overseas.



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  • gccovet
    01-14 09:50 AM
    I had applied for an extension for my parents, just a month before their I-94 was about to end. According to the law (as per my attorney, forums, Internet), they could stay here legally until a decision is made, which may be past the I-94 expiration.

    So, in your case, if the decision is Positive, then they can stay until the new I-94 date that USCIS gives them. However, if the decision is Negative, then they have 30 days from the date of the decision to leave the country without being deported.

    Hope this helps...

    Yup, I had the same info conveyed to me via lawyer.
    One more thing to note, in case of denial, hang on to the I-539 receipt, denial notice etc. this will help your parent/s to present their case whenever they go for new VISA after existing(assuming 10 yr. Multiple) expires. This will help them prove that they did not overstay illegally.

    HTH
    GCCovet.





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  • Beemar
    07-04 11:00 AM
    I seriously doubt the intentions of the user cygent. What is the point of this thread? As it stands, this thread only provides publicity to immigrant-haters like Donna. Administrators must delete this thread.



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  • morchu
    05-04 02:11 PM
    Good point regarding export regulations. I dont have much idea in this scene.

    Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.

    After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.





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  • gc03
    11-17 07:41 AM
    Congratulations! Jai hind



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  • Milind123
    08-14 06:00 PM
    Do do your DD before signing on the dotted line. esp if the company is offering 1/2 mil for $22, I will check the ratings of such companies. Of course you want to make sure they are around when it is time to pay.





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  • forgerator
    06-08 09:27 AM
    Hi Bhatt,

    thank you! :)
    I am pretty excited as this was the best thing I could hope for at this point. I have entered the DV before and was never selected.
    I wish I could afford a lawyer to assist, but that doesn't seem to be an option for me right now.
    Anyone has any ideas and the turn around time once I have submitted the paperwork and when to hear back from them for an interview?

    you should get a lawyer man. Friend of mine paid $3500 for a good lawyer to process the paperwork when he won the GC lottery, he got all the peace of mind in the world, and his GC soon thereafter.



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  • ca_immigrant
    03-22 11:42 AM
    very sad incident !
    May God give the family strength and support !





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  • amar123
    07-28 01:09 PM
    Any of you in EB -2 with PD after Jun 2006 and have a soft LUD on AP?





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  • CADude
    07-31 10:03 PM
    No Proof will work, if you receive packet after 17th Aug. So hope for best or will file on oct again :)

    Dear All,
    Today, one of my Friend’s I-485 got returned from Mail room due to Filing fee missing.

    He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.

    He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?

    What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.





    485Mbe4001
    03-20 02:56 PM
    instructions from Oh's site

    03/20/2009: USCIS to Release Answers to Scope of TARP-Funded Employer Restrictions to H-1B New Hire

    AILA has reported the USCIS update on this issue dated 03/20/2009. According to this USCIS release which may be released on its website soon, the people will be either subject to the new law or not subject to the new law:
    Those Who Are Subject to the New Law:
    Any LCA or petition filed on or after 02/17/2009 by such employer for hire as a new employee regardless of whether he/she is already in H-1B status and regardless of concurrent new employment by such a new employer.
    New employment based on a petition approved before Feb. 17, 2009 but the H-1B employee had not actually commenced employment before that date.

    Those Who Are Not Subject to the New Law:
    H-1B petition to extend the H-1B status (EOS) of a current employee with
    the same employer (TARP funded).
    H-1B petition seeking to change the status (COS) of a current U.S. work authorized employee to H-1B status with the same employer (TARP funded).
    It is a huge relief for those nonimmigrants who are currently working with the TARP employers who need extension of their current H-1B status or change of their nonimmigrant status from other nonimmigrant classification to H-1B, particulay in the FY 2010 H-1B cap filing on or after April 1, 2009. We salute the USCIS leaders for such lenient and liberal interpretation of the new law. For details, people are advised to wait until it is published in the agency's website.





    rani77
    09-18 11:59 AM
    My case is little bit different.

    EAD was approved on August 11th and I got the card in mail couple of days after I received the email. But, I haven't received the approval notice for my EAD yet. The status on the EAD shows that the approval notice was sent on August 13th. I had no issues with AP though.


    Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

    Current Status: Approval notice sent.

    On August 13, 2008, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION.

    You dont get any approval notice except the card with white card folder. So you are good ,dont expect any Form 767 approval notice.



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