четверг, 9 июня 2011 г.

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  • matreen
    12-19 01:13 AM
    Is it true it is must to use EAD to invoke AC 21? I am not sure but people said I cannot use H1 but EAD to invoke Ac 21........

    if you invoke AC21 means you have to use EAD not H1B......




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  • sbabunle
    12-17 09:45 PM
    Don't be too happy since it moved May 2001 for India. DOS is moving the dates solely based on the demand from the USCIS. They dont know what is DOL cooking ( or they dont care). The BECs have roughly done half of their work. Thats about 180K. Another 180K ( roughly) are pending. So once
    they all cleared we may get a better picture of the Plight of EB3 & EB2.

    My guess is that anybody who has a PD (India)

    Jan 2003-Dec2003 9 years
    Jan04-Dec04 12 years
    Jan 05 > 15 years
    as per present law.


    This also underlines the importance of an effective lobbying. We have to make this baby organization to a much stronger one. With lots of dollars and lots and lots of people. In my opinion we should have at least 75K active contributing members.

    One good thing is that people who came to US recently ( after 2004) and who apply PERM get things done in 8 months until I140. At I140 they realize they cannot move forward. They are slowly understanding the agonizing situation we are all in. I hope this will eventually turn in more people to immigration voice.
    Good luck to all
    babu




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  • vin13
    12-04 10:05 AM
    Hi vin13,
    Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
    I have an appointment tomorrow and only have a letter from the doctor.

    Thanks,

    We did not have to prove the relationship. It was a hospital letter stating the person had passed away.

    Again, all i can tell you is go with what you have and try. there are no specific rules or standard procedure. Each IO officer may look at it in different ways.

    When you go, take your I-485 receipt notice, 2 passport size photos in case they ask you to fill a new application.




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  • siddar
    06-30 11:13 AM
    This is my 2 cents, take it or leave it. Please consult the lawyer before taking any decision.

    Two H1 are allowed, as long as both are part time and total hours per week is around 40 hours. If you already have a FULL time H1, that is 40 hours, then the Intelligent IO might think that your taking someone else's job.
    You can have multiple FULL time H1, but can work for only one employer FULL time.

    If you have GC or Citizenship, then the labor laws are different.



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  • Maverick_2008
    04-07 03:58 PM
    I went back to my home country in 02 in an emergency situation and didn't submit my I-94 as well. No questions asked when I got back. Moreover, no issues/questions when I went back again in 05 and came back to the US. I didn't send anything to the USCIS. Not sure whether it affects naturalization or not but so far so good on my 485.

    Maverick_2008

    PS: What if the airline employee who takes our I-94 made a mistake and it didn't reach the USCIS for any reason? I could be wrong but I think it may not have a drastic impact on 485.


    Friends I have a Question. I went to my home country couple of months back, but somehow forgot to surender my I-94 at the port of exit. When I came back, at the POE(Newark)I was not asked any questions, and they issued me a new I-94. Yesterday someone told me that this could potentially affect my I-485 adversely OR whenever I travel to my home country again, they might cause problems during my re-entry. Just wanted to know what should be my action plan.

    Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).

    OR should I just say quiet and forget about this mistake?

    Gurus- Please Help




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  • HV000
    11-16 06:43 PM
    That is exactly what the senate has been doing. And the House too.

    Naming post offices, designating and recognizing festivals, naming courthouses and writing checks to run the government.

    1. Immigration Reform: cant do.
    2. Ending the war : cant do.
    3. Reducing healthcare costs, reforming healthcare: cant do.
    4. Upcoming social security deficit : cant do.
    5. Budget deficits reduction : cant do.

    Next week, senate is going to do following things:

    1. Pass a resolution stating that it is the sense of the senate that sky is usually blue in color but on cloudier days, it tends to be green.

    2. Pass a resolution that water is wet and fire is hot.

    3. Pass a resolution that the building of Capitol is White is color, December is the last month of the year and the White House is also white in color.

    4. Take a break, eat peanut-butter and jelly sandwich, play in swings outside the senate building and then take a little afternoon nap. A little fight between Democrats and Republicans on getting equal time on swings and equal time with possession of soccer ball and baseball bat.

    5. Afternoon post-nap, easy-going session, name a few more post offices, praise the troops, criticize the war, praise the troops again, criticize the war again.

    6. Pass a resolution of Holi, Bhai-Dooj, Kadwa-Chowth etc.

    Good one!! Its high time they ALSO recognize our plight and pass a resolution on our "alien" presence here!!



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  • snathan
    09-01 12:55 AM
    Hi,
    Hoping to get your opinion on my situation.
    I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
    What are my options here? Some of the avenues I am exploring:
    a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
    b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
    c. Any other opinion

    I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
    Thanks very much for your help.
    - Sharada

    I couldnt understand this...Your company is Indian and have office in US. They want you to work for Indian/US company but they want you to move to spain when they dont have any office.




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  • vnsriv
    08-14 03:30 PM
    Please update on who received their FP notices:
    485 RD:
    485 ND:
    FP ND:
    FP Date:

    Got spouse's



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  • jsb
    10-29 10:20 PM
    I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?

    Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?

    One should ask experts, or may try to find answer in USCIS FAQs. But as I learnt from various sources, you do nothing, unless asked, i.e. there is nothing to send or tell to USCIS.




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  • crystal
    08-02 01:06 PM
    if you want to get something from India. I think DHL is ok so far for me. But make sure that you are shipping it from the DHL main center .Never ever do it from normal (shop)braches as they would take their own sweet time to deliver them to main center.

    I was wanted to know what is the best way to get something from India, please share if you had any experience.

    thanks



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  • rkumar18
    11-21 11:23 AM
    Cubans are politically active and highly vocal in advocacy of their cause. Are you?

    No they are NOT if you are talking about immigration!They are highly passionate and vocal in support for their own country and its leader (well are we???). Only reason they are enjoying immigration benfits is due to the US policy towards Cuba and its regime.

    Well I do agree with you that we should avoid highlighting such issues and channelize our time and efforts towards the betterment of our own cause.




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  • cin45220
    01-26 04:45 PM
    u are a rasam drinking gulty, right?
    :eek:

    check your facts again. racism is considered sexy these days ;)

    If you think that racism is sexy, then it's just because you are a racist bigot. Start loving in 21st century...

    With a comment like the above one, it shows that all your parent's investment (and yours) for your education has been a total waste. Hope that you are not teaching you kids that 'racism is sexy'..

    -CinBoy



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  • jotv
    10-16 10:52 PM
    hai all ,

    i dont know where to write this topic , if it is wrong place please excuse me.

    i completed my b.tech in computers. i am on h4 . recently i got ead.
    here is my question

    by using ead what type of jobs i can do . if software side jobs means again i have to read any subject some time . but i need job quickly because we were in some financially tight position.

    please suggest me any decent type jobs like data entry or data base entry jobs etc ...something related to my education is preferable .

    those who know correctly experts please suggest . bcz this will be helpful for all who is from h4 to ead.

    i will really appriciate your help .thank you in advance.:mad:




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  • h1techSlave
    04-15 09:39 AM
    There is already one for this.
    CAn some one create survey for this?



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  • razis123
    06-02 04:34 PM
    Hi,
    I am ready to send my EAD/AP renewal forms - not sure where to send is it NSC or TSC. My I485 is currently pending at TSC. All my previous applications have receipt numbers starting with SRC.

    My lawyer (actually para-legal) mentioned that she will send them to NSC - I am not sure since she screwed it up once before.

    Please let me know if we have to send EAD/AP renewals to same service center where our I-485 is currently pending or it does not matter.

    Thanks a lot.
    - nk

    I am in a similar situation.Somebody please give advice on this
    Thanks in advance




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  • thehulkdeals
    05-14 04:51 PM
    Hi all, I need your advice and opinions about my situation.

    H1b � Started on Oct 07

    PERM is approved and my PD is April 6, 2006 (PERM)
    i140 and i485 July 2007 (Received by USCIS Texas Center September 10, 2007)
    AP and EAD received September 2007

    My company lawyer just emails me to ask about renewing my EAD/AP. My company paid for my first EAD/AP and I paid for my wife EAD/AP. Now, I will have to pay both of them since I think they know that it is not main process for my GC sponsorship. They only pay for the green card process.


    I do not plan to change my job and do not plan to travel outside US (unless there is a family emergency). My wife and children are all in the US. My wife does not plan to work/travel. So do I need to renew my EAD/AP?

    It is nice to have AP since I can travel if I have to travel outside US for Family emergency but for EAD, I do not think that I won�t need it.

    Is there any benefit to have EAD in my situation?

    If I do not renew my EAD and AP, will I affect my GC / any immigration process in the future, such as renewing my H1b?

    For example, if I do not renew this year, can I apply again next year?





    Thank you



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  • sendmailtojk
    03-05 06:27 PM
    1. You said you entered US in 12/06 with PP expiring 5/07......if PP has an expiry date of <180 days, the Immigration guy in India normally should not allow you to board the flight.

    2. The last issued I-94 is the valid I-94.

    3. Your logical option would be to talk to an Immigration Officer in your local USCIS office and do whatever he/she suggests. There are a couple of posts which talk about potential solutions, please research them.

    Cheers and Good luck.




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  • raysaikat
    05-07 11:10 AM
    Thank you so much Raysaikat ! The below is the explanation for 22 C.F.R. � 62.42. Do you think it's applicable for my case ? Thanks again.

    � 62.42 Transfer of program .

    62.42(a)
    (a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.

    62.42(b)
    (b) The responsible officer of the program to which the exchange visitor is transferring:

    (1) Shall verify the exchange visitor's visa status and program eligibility;

    (2) Execute the Form DS-2019; and

    (3) Secure the written release of the current sponsor.

    62.42(c)
    (c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:

    (1) The exchange visitor his or her copy of the Form DS-2019; and

    (2) A notification copy of such form to the Department of State.

    I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.

    How did you move from U. of colorado to VCU?

    It may be the case that defining your proposed change as "transfer" or a "new program" is up to the discretion of the international advisor at VCU, and the first time s/he considered the move as a "transfer" and s/he is considering the new/proposed change as a "new program". It may also be the case that since you are not changing the school, s/he is not defining it as a "transfer". You need to speak with the advisor at VCU and ask to explain the reason s/he is considering the new/proposed change as a "new program" instead of a "transfer", and ask him/her to refer you to the applicable legal definition language (e.g., section number in CFR).

    In any case, it is the international advisor at VCU who has to approve your paperwork; so you cannot get around him/her.




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  • funnyman
    07-04 09:16 PM
    "__________________
    EB3 Worldwide
    PD 07/11/03
    I-140 RD 02/27/06 AD 03/22/06
    I-485 RD 05/07/07 filed at TSC
    FP 06/02/07 (Code 3) - sent to USCIS same day
    LUD 06/05/07
    "

    For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.

    EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?




    raysaikat
    05-30 10:40 PM
    Thanks a lot for the information.
    I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
    Thanks!

    You are allowed a maximum of 90 days of unemployment during the 12 month OPT period. After that, you are accumulating out of status days. I do not know what is the penalty for out of status days --- typically more than 180 days of out of status days are bad.

    http://edocket.access.gpo.gov/2008/E8-7427.htm
    2. Periods of Unemployment During OPT
    DHS regulations currently define the period of an F-1 student's
    status as the time the student is pursuing a full course of study at an
    SEVP-certified school or engaging in authorized post-completion OPT. 8
    CFR 214.2(f)(5). They do not specify how much time the student may be
    unemployed, making it difficult to determine when an unemployed student
    on post-completion OPT violates the requirements for remaining in F-1
    status. As status during OPT is based on the premise that the F-1
    student is working, there must be a limit on unemployment, just as the
    F-1 student's period in school is based on the premise that he is
    actually pursuing a full-time course of study, and there are limits on
    how often the student can reduce his course load. An F-1 student who
    drops out of school or does not pursue a full-time course of study
    loses status; an F-1 student with OPT who is unemployed for a
    significant period should similarly put his status in jeopardy.
    Therefore, this rule specifies an aggregate maximum allowed period of
    unemployment of 90 days for students on 12-month OPT. This maximum
    period increases by 30 days for F-1 students who have an approved 17-
    month OPT period. In addition to clarifying the student's status, this
    measure allows time for job searches or a break when switching
    employers.

    http://www.ice.gov/sevis/updates_postcompletion_opt.htm#_Toc174419546
    4.9. Unemployment time

    The time spent without a qualifying job during post-completion OPT. Except as noted in the section on what counts as time unemployed, each day that the student is not employed in a qualifying job, is counted toward the limit on unemployment time. The limit is 90 days for students on post-completion OPT including those with a cap gap extension, except that students with a STEM OPT extension are given an additional 30 days of unemployment time for a maximum of 120 days.




    dpuranik
    07-25 12:04 PM
    Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.

    May I know the implications of this? What all are the possibilities ? Will they reject the application?

    I140 is filed by your Employer and you don't need to sign it. Your Employer has to sign I140.



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