Tuesday, June 14, 2011

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  • reachinus
    07-14 12:21 PM
    i don't know if its an EB 485, but even FB are very backloged.





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  • lost_in_migration
    06-09 01:38 PM
    We can't expect every article to be a mouthpiece for our issues

    The country needs more taxpayers, and the economy needs educated foreigners..."but American Lawmakers are having none of it"

    http://news.bbc.co.uk/2/hi/business/8086392.stm





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  • pamith
    05-13 08:42 PM
    3-4 months may be, but you can apply for AP and EAD.





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  • nashorn
    12-12 03:03 PM
    Guys, I guess almost everybody is done with their finger printing by now. I am wondering what is the status of everybody's I-485 application on the case-status-online website after finger printing? Mine is showing some weird status, so I thought I better check with others.
    Most people got changes on the LUD date in a short period of time after their biometrics taken, but no change in the word of status.



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  • dskhabra
    12-05 09:55 PM
    If you want to know the exact job description then labor is the only document which has the complete description. Usually the company will ask to fill some documentation for filing labor and labor is filed based on the available job and your skill set as well (that's what I have seen).
    You might get some idea of job description from the documentation you filled for labor but again will not be exact...





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  • austingc
    07-31 11:26 AM
    Hi,

    I will be traveling to India tomorrow and My AP expires 30-Aug-2010. My trip is only for 10 days and I will be back by Aug12.

    So I was wondering if there will be any issues at POE or in India, since my AP expires in less than 30 days?

    This is my second trip on AP.

    Also, what all I need to carry? I have EAD, Employment letter, 485-receipt, 2 Pay stubs, W2 ?

    Adding to this, my PD will be current from Aug-1st :(

    Any suggestions, inputs most welcome. (This is a medical emergency with parent.so cannot avoid)
    Sorry to hear about your parents. Hope they are doing ok. It should not be a problem and you can even enter the country on Aug 30, 2010, the day your AP expires. The only question they would ask is 'Are you still working with ABC' (GC sponsership company) and may be some additional questions about your location and the purpose of your trip.

    Since this is your second trip you should know by now what documents you need to carry with you. I travelled twice in this year and carried only my I-485 receipt and AP, thats it. When you enter the country with AOS status they don't really care much about other documents but if you want to carry all the above mentioned documents, it does not hurt.

    If your 485 is approved while you are outside of the country, you will not face any problem since you have a valid AP. Good luck!



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  • GC_Geek
    09-11 04:50 PM
    For a change, your employer sounds like a big time Joker.. ask him/her to take a break and be a joker on the road..

    First and far most.. If your employer is really sending a cancellation letter to USCIS for your H1, he is trying to rub his own Ya$$.. the ultimate loser is not YOU, but He/She and his company.. No employer with brain will send an official cancellation letter..
    On the other hand, you are still on H4 status and directly getting on to EAD, so, you never used the so called H1, which means, if he messes up with you, you will be intact.
    Also your employer can not do anything for your husband as well for his 485 processing etc, again at 485 stage, your hubb's employer dont need to do anything other then your hubb is on payroll for 180 days from the receipt date of 485.

    In a genral when your employer contacts you again, tell him to have fun in Honolulu :P no worries...





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  • desi3933
    02-18 01:14 PM
    No, it is not legal.

    I just checked and it seems that you are right.

    It is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H4 visa status holders can only do voluntary work.

    _____________________
    Not a legal advice.
    US citizen of Indian origin



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  • Maverick_2008
    02-14 03:59 PM
    A) 140 or 485 gets denied and you're on EAD (it means you've already given up your H-1B)
    B) 140 gets denied and you're on H-1B (it means you can't use EAD and you can't even stay in this country for 3-4 months without a job on H-1B and still maintain your status)

    Gurus, please correct me, if I'm wrong.

    Thanks.

    Maverick




    Guys,

    this doubt is bugging me due to recession fears.

    if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
    will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation





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  • Dhundhun
    05-31 12:51 AM
    I e-filed my EAD renewal yesterday and got the reciept copy.

    Now what are the documents i should send USCIS? Do you guys have the list of documents to be mailed for EAD renewal?

    We have couple of threads covering it.
    1. Copy of I485
    2. Copy of both side of EAD (and for faster processing, upper part of mailer, in which EAD came)
    3. Copy of Passport Photo page and last Visa Page (Serves as federal id)
    4. Copy of DL (other id)
    5. EAD filing receipt copy

    In one or two business days, you may be able to see on line status and LUDs. Soon you should be receiving paper receipt followed by FP notice.



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  • pcs
    07-19 02:48 PM
    Translate it. Sign a letter of your compretence of English ? Hindi language & get it notarized. It is that easy. Do not waste a signle penny on translation. I have been doing it for ages.

    I can give you the format on email.



    Please contribute to IV instead





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  • Siddharta
    01-11 04:02 AM
    Things r getting bad in the US...I'd suggest better move to Canada now and start a business if u have saved enough to start one. Wait for citizenship and come back later on a TN Visa which is valid forever (barring the pain of yearly extensions u shudn't have any other issue).

    In the US u cud lose ur job anytime however stable it might look like now. Else what was the point in applying for Canadian PR and all the pains u took???

    It would be hard to find a similar paying job in canada. Is there some kind of legal issue I would be in if I dont migrate to canada? Will I be barred from ever entering that country again?



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  • gcpadmavyuh
    09-21 03:58 PM
    You both are right!

    Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).

    However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.

    Can someone use AC21 if the I-140 is not approved? I think it is risky because employer can revoke I-140 and you will be OOS


    employer can revoke the I-140 at any time. If you have crossed 180 days since filing I-485, the revocation does not effect your I-485 approval.





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  • Maverick_2008
    04-16 09:14 AM
    Friends, my EAD/AP will expire later this year along with my 8th year H-1B extension. My 140 isn't approved yet. Now, what happens if my employer wants to cut costs and says let's extend only your H-1B for now and let your EAD/AP expire? If I'm not wrong, filing for H-1B/H4 extension is cheaper than that for EAD/AP.

    Specifically, these are my questions:

    1. Can I extend EAD/AP on my own?
    2. If I let my EAD/AP expire and continue working on H-1B, can I reinstate them (EAD and AP) at a later date in the future once my 140 is approved? In this scenario, there will be a gap between two successive EAD/APs.

    Thanks.

    Maverick_2008

    ______________________

    EB3, India
    PD: Feb 03
    140/485 RD: July 26, 07, TSC
    140/485 ND: Sept 17, 07, TSC
    140/485 Status: Waiting..



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  • meridiani.planum
    03-12 02:46 PM
    the only way to extend the H1 is to:
    - have an LC >365 days old
    - her I-140 approved

    Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...

    WTF? A red-dot for this post??? Will the coward who marked me red for this please have the decency to explain why? I have deserved red on other posts (& even got some) but what on earth was wrong here?





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  • cagedcactus
    11-09 09:17 AM
    this sounds a bit complicated and I doubt anyone here is qualified enough to give you a true answer.
    Maybe talking to several lawyers will help you in best manner. I had a similar scenario. Although I had the original labor. (not substituted)
    I paid a few laywers their time, and went to talk with them.
    They suggested an appeal with explanation, and proper supporting documents.
    Talk with your lawyer. Your company must show the ability to pay, through all the tax returns, and incomes and all that jazz...



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  • Eternal_Hope
    04-22 03:55 PM
    This should also act as an eyeopener for those people on H-1B who are just about now starting their GC process. Such people can forget getting a GC for the next 12-15 years.

    If you are young (in late 20s), you should reevaluate this whole idea of coming here on EB GC. It maynot be worth the wait and the suffering.

    ----------------------------------
    I think I will change my ID to "(Non)Eternal_Hope"





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  • cooldude
    07-19 09:58 AM
    po box is for usps delivery only. fedex doesn't delivery mails addressed to po box.

    Thanks a lot. It should be fine I guess then.





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  • rajeshalex
    09-24 01:45 PM
    AC 21 doesnt restrict for future employment. Purpose of AC21 is for an employee not to stuck with an employer in case of delay in GC. In this case there is a substantial delay from USCIS and hence you can use AC21.





    Libra
    08-10 07:26 AM
    well said 53885. When ever i ask people to contribute they are saying am being ridiculous, god help them.





    usr2004
    07-26 12:22 PM
    But I already filed my I-485 on July 12 th. I dont kow exact name they call for this type of I-140 filing, my attorney told me this is successor in interest.



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