Monday, June 27, 2011

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  • cha79
    06-05 03:22 PM
    Hi illinois_alum and sanjayc,

    I have very similar questions except for our situation. Both me and wife have valid H-1B and H-4 and need to apply for our EAD extension (we are maintaining them in parallel). Can you suggest what should be our response to these in such case:

    1. Manner of Last Entry : Should it be H-1B?

    2. Current Immigration Status : H-1B? We never used EAD/AP to work or travel

    6. Eligibility status: Should we just menton (c)(9) or have to add "FILED I-485" too?

    Thanks for your help.




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  • frostrated
    06-25 01:17 PM
    Here are the questions that I have:

    1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.

    2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.

    I would like to know what various attorneys think about this

    1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
    2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.

    any thoughts anyone?




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  • nlssubbu
    10-08 08:12 PM
    i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)

    as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?

    Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.

    To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.

    (PS: I am not a lawyer and please use my advice based on your own discretion)




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  • ebizash
    07-26 09:34 AM
    CitiBank recently launched their Online Remit service. I used it for the first time last week and the exchange rate offered was best of all other services. Their fee is a flat $1 for any amount transferred. I did the same amount transfer at the same time with Citi as well as Remit2India and I got 16 Paise per $ more with Citi.

    Keep in mind, every new business tries to offer best services in the beginning to attract customers and I suspect it will be same with Citi too. So their rates may be great now but could be whole different story in few months. They also disclose in the fine print that the exchange rate offered includes conversion commission.

    If I were to order my preference on a permanent basis I would rank SBI, Citi, Remit2India, ICICI and then Western.

    Citi's website - https://citiremit.payquik.com/



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  • simple1
    10-07 04:13 PM
    Leave the usa immediatly. you are already out of status.
    Consult your attorney before taking any decision.

    hi,
    I am in a similar situation.
    I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
    I got the approval yesterday with a letter saying that my extension of stay has been rejected.
    The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).

    Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
    Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
    If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?

    Any advice is valuable to me.

    Thanks in advance.




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  • honge_kamyaab
    11-30 09:24 AM
    Remember I-140 is owned by your employer. If you quit the job your greencard process will start from PERM again with your new employer.
    Portability applys six months after filing I-485.
    Hope that helps.



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  • deepakd
    07-08 08:30 PM
    None... as I did not seem to see anywhere in the filing instruction that W2 is needed... unless there is some change. Who knows nowadays...;)


    One can get all the tax forms submitted to IRS ( including w-2 ) for free.
    Here is the info from IRS:



    Need a Copy of Your Tax Return Information?

    Requesting transcripts (individuals):

    You have two easy and convenient options for getting copies of your federal tax return information--tax return transcripts and tax account transcripts--by phone or by mail.

    Request transcripts by calling 1-800-829-1040, or order by mail using IRS Form 4506T (Request for Transcript of Tax Return). We do not charge a fee for transcripts. Allow two weeks for delivery.

    Definitions:

    A tax return transcript shows most line items from your tax return (Form 1040, 1040A or 1040EZ) as it was originally filed, including any accompanying forms and schedules. It does not reflect any changes you, your representative or the IRS made after the return was filed. In many cases, a return transcript will meet the requirements of lending institutions such as those offering mortgages and for applying for student loans.

    A tax account transcript shows any later adjustments either you or the IRS made after the tax return was filed. This transcript shows basic data, including marital status, type of return filed, adjusted gross income and taxable income.




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  • andycool
    11-10 06:39 AM
    Hello gurus,

    I have one doubt abt requirements to port EB2.

    my EB3 priority date is Aug 2005, now i am planning to apply EB2 with different employer. do i need 5 yrs experience as of my Eb3 priority date in order to port Eb3 priority date to Eb3 ? my lawyer is saying i need 5 yrs experience as of Aug 2005 is it true ?


    thanks a lot for your help

    Your Lawyer is wrong....EB2 is for your current employment it has nothing to do with your previous PD .

    IMHO...it was like that for Labor Substitution case ...But for new EB2 Application its not needed...find a good Lawyer.

    thanks



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  • cal_dood
    12-10 04:17 PM
    Babson FastTrack MBA (http://cmweb.babson.edu/MBA/progrms/fasttrack.aspx) is a very good blended learning program if you are in the New England or Portland, OR area.

    Please share the information on various Master degrees that you have done/doing/planning to do along with the University/school name and website information...




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  • raysaikat
    04-21 11:27 PM
    Hello
    My story is:
    I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
    Questions are:
    1. Can my employer apply for a Perm Cert for me if they want.
    2. After getting the perm cert. can my employer file I 140 under EB3 for me?
    3. Will I be eligible for premium processing for I 140 application, in 15 days?
    4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
    a. Then I'll still be working with my current EAD, right?
    b. Then what happens after May 2011?
    c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
    d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
    thank you very much

    What is your country of birth (not citizenship)?



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  • daishwarya
    07-23 02:06 PM
    @linuxra: Did you get an RFE on your I485??




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  • tikka
    06-22 09:39 AM
    is a TB skin test neccessary even if you tell the doc you've had a history of positive TB tests? do i have to prove i've had a history of postive TB test for the doctor to remark that on i-693..or can he just remark that without evidence and go on my word

    thanks


    Your chest xray was negative so you are fine.
    To file for the 485 the skin test is a requirement. The doc has to prick you on your arm and in 48 hours you have the results.

    You need him to sign off on the results.



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  • niklshah
    01-30 12:49 PM
    Sent email to detroit free press and detroit news




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  • rsdang
    11-21 05:27 PM
    abandoning AP was what I was refereing to... but as I said please chek with your lawyer that if you leave country in the middle of the application is that a problem.

    Take Care



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  • eager_immi
    02-09 12:09 PM
    Ok, since immigration is taking a back seat because of the IRAQ war, please explain how does it make him a wonderful president? He is responsible for so many lives bc of the war. If he did not spend billions of tax payer money on iraq, when there were no weapons of mass distruction and/or saddam was not an imminent danger to the united states, don't you think we would have better use of our tax payer's dollars.

    Just beacuse he is pro immigration does not make him the best president (he cannot pass the bill on his own u know, eventhough "he is the decider"). What is the point he can be pro immigration for all people care but his republican party is not too thrilled with him and will not pass an amnesty bill. What has he done for the enviornment? He believes that there is nothing called global warming. So please just because he is pro-illegals, pro free trade does not qualify him as the best president.



    Bush is for immigration reform.

    I see people disliking him, but to be fair to him, that man had some very good ideas when he became the president. He was unlucky that 9-11 happened when he was just 9 months into presidency and inexperienced, but his response was good, and it was wrong for him to go into Iraq as the reasons were all wrong. That was a huge mistake, probably in-expereince, wrong advisors, oil lobby, and some of the fear from 9-11, all contributed to that decision.

    Overall, he has done more in terms of changing things, and has started debates on more controversial issues than anyone before. He has done more for the world trade, es[ecially countries like India, China and Brazil. He has gone beyond racial and gender factors, as reflected in choice of his staff and advisors.

    Debates have to be started before anything happens and sometime it takes years, even after the presidency is over.

    It's easy to blame him for everything as he is the face we see. I am not a Bush supporter, but actually a huge Clinton fan, but I think we tend to be overly unfair to the man. He has an office that comes with blames, sometimes decisions are not easy and you could go wrong either way. I think he tends to err on side of doing more than less, while Clinton was opposite and kept things stable, but also didnot start changes or lay grounds for change to take place.

    As a president I think he has probably done more, or sets things in motion, more than Clinton did. Sometimes things need changing, and initial in-stability goes with the change.




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  • houston2005
    07-20 05:50 PM
    Once you get the I 485 receipt..you can apply EAD on your own..Why you need to beg for that to the Employer. Let it go. File for your I 485 and get the receipt. That's enough to keep you in status.

    Filing AP and EAD are very simple process and you can do it on your own.



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  • sapota
    07-15 10:22 PM
    Me am in Austin.

    After 2 LCs + 1 substituted labor + 10 years of crawling in this crap hole & no green card yet, the least I can do is participate in something that show our plight. Count me in for any rally.




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  • amsgc
    04-12 12:49 PM
    As someone mentioned - Do not Lie.
    Also note that by not replying, you are in fact condoning the actions of your previous employer. You had a good reason to leave him, and the DOL probably knows about it. If you are worried about your H1, you can go for premium processing on your H1 and then send the letter to DOL.




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  • zCool
    01-30 01:41 PM
    Sent email to all the ones below..
    Use following list!

    editor@lenconnect.com,editor@alconareview.com,bbro wn@allegannews.com,smurch@thealpenanews.com,letter s@annarbornews.com,edit@upnorthpub.com ,news@arenacindependent.com,argus@chartermi.net,ss mith@battlecr.gannett.com,forum@bc-times.com,newspaper@baymills.org,kmartin@mn.homeco mm.net,bcrnews@bcrnews.net,gkowalski@hometownlife. com,exponews@frontiernet.net,mseward@cadillacnews. com,kkuban@hometownlife.com,marcia.steffens@leader pub.com,rich.adams@cheboygantribune.com,ksmith@oe. homecomm.net,kmartin@mn.homecomm.net,cgoodaker@cra in.com,avalanche@i2k.net,editor@thedailyreport.com ,editor@pressandguide.com ,letters@freepress.com,letters@metrotimes.com,lett ers@detnews.com,john.eby@leaderpub.com,sean@dundee .net,edit@upnorthpub.com,rrudden@dailypress.net,sj enkins@hometownlife.com,kmartin@mn.homecomm.net,le tters@flintjournal.com,news@ncats.net,
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    4yourforGC
    07-06 02:21 PM
    Hi, there,

    I've just done my final interview with one company. they are very satisfied with my experiences and tech skills and have strong intent to hire me. after several time interviews with them, there is only 2 candidates left. I am the one of them. but now the hiring manager has concern on my visa problem. I am currently have EAD (will expire 1 year later) and my 140 has been approved and 485 pending is far over 180 days. I should not have visa problem, right? may I get your comments how I can convince this hiring manager on my status?

    thank you a lot!
    :confused:




    sunny1000
    11-14 01:24 PM
    My wife's EAD has not yet been approved. It has been 92 days since the receive date. We had an infopass appointment today. I did not apply for EAD.

    The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.

    I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.

    Any inputs from people with similar experience?

    Biometrics is not needed for EAD. I received mine with "NO fingerprint available" marked on the card. Please call them back or get another infopass and this time, you might be lucky to talk to somone who knows what they are saying. Or just may be, they changed the rule on the fly a few days ago regarding biometrics and EAD.



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