Thursday, June 9, 2011

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  • nk2006
    07-05 11:59 AM
    Its a very good point. Immigration related issues are highly political and rouse emotions on either side. Our opponents used those same emotions to get their desirable results - in the form failure to any immigration related bill. Now I think we have a good opportunity to use this fiasco to our benefit.

    The lawsuit - whatever its outcome maybe can run its own course. AILF is taking care of that. We as 485 filers and potential filers can simultaneously work on educating lawmakers. To the immigrant friendly lawmakers we can magnify the arrogance of DOS/USCIS in disregarding thousands of immigrants aspirations and revising a bulleting literally at the last "second". We can also project the miscommunication/clashes between the two orgnizations (without that element its impossilbe they would come to the conclusion in mid-june that there will be plenty of visas unavailable to make every one current; and suddenly after two weeks realize that there are none to anyone).

    We can even reach out to extreme right (like sof Tancredo) and expose how
    USCIS approved cases in haste at last minute just to avoid the rush from July 2nd. Who knows how many cases they approved are not supposed to be approved in the normal circumstances.

    Is IV taking advice from lobbists on this matter or they just deal with senate/house bills.





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  • eb3retro
    06-30 05:37 PM
    eb3retro,

    Did u change employers on EAD? or H1b transfer?
    on EAD..


    Also when you renewed EAD & AP:
    1. Did you do it yourself? or did u have your new employer do it?


    2. Did u get any RFE's when you renewed your EAD/AP well after you switched employers. (I assume you changed addresses in this process).



    thx

    1) did it myself..
    2) yep i changed address, no rfes for anything..





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  • willwin
    05-14 11:03 AM
    Is there anyone out there pursuing CP and already working in the USA?

    In today's economy/job market, it is a nightmare not to have the protection of EAD.

    Is there anyway we can get EAD for people in CP queue? Issuing EAD for those CP filers who are already in the US on work (H1B) VISA - is that even a possibility?

    Any thoughts?





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  • Springflower
    07-17 08:29 AM
    bmneni,

    My understanding is that, you wouldn't have an 'A#' when you apply for I-485(if it's first time). If it is second time, then you have to mention the 'A#' assigned to you. Guys, please correct me if I am wrong.



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  • LostInGCProcess
    08-18 12:00 AM
    Hi All,

    Please let me know, based on your personal experience, Does Change of Address 'triggers' an RFE from USCIS????
    I recently found a project (after many months) and am working for this new employer on EAD. However, I have not vacated my old apt....still paying rent and keeping it as my current one, and sharing accommodation with others in the new city where I am working....because of the only reason that I fear, which is an RFE.

    Please let me know.

    Thanks.





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  • jack_b_uta
    06-21 09:37 AM
    IV core members have been in media MANY times.

    Aman Kapoor(Fox News, Washington Post), Shilpa Ghodgaonkar(Washington Post, South Asia Insider), Siva Singaram(NBC), Pratik Dakwala (FOX 2-Bay area) are just to quote a few.

    None of these guys have been deported, fired, stoned or died. They are alive, well, working and proud to have been there to show up when needed.

    We are legal immigrants. Even if you are illegal, you shouldnt be afraid to speak up. If legal hi-skills educated immigrants shy away from exercising constitutional rights of speaking up, then what can we say?

    I would be happy to speak up but just an FYI, we donot have any constitutional rights. We are second class citizens at the best, and slaves in a different form at worst.And that is not ranting of someone who has been in line for half a decade. Here's the proof.
    I love skeet shooting but the law prevents me (or anyone who is on a "nonimmigrant" visa) from buying a gun. Thats second amendment rights that were awarded to everyone living in the USA.

    JACK



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  • chantu
    02-19 07:19 PM
    I think if you have H1b sponsor and lucky to get in H1b quota then I don�t see any problem. Your GC is for your future employer. Check with ur legal consultant.

    Thanks vactorboy!





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  • yogirajd
    11-09 09:22 PM
    I appreciate and very thankful to you all for affording your valuable time in replying with suggestions to my queries.



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  • andy.jones110
    10-13 12:06 AM
    our situation is complicated.
    There is a 240 days rule to stop working, if H1B is pending for an approval.
    It is for working with the same employer. Transfer may be diffrent.
    But since it is a premium process, and your I-94 is expired, you need to be very careful.
    You are now out of staus, I fear.
    So rush to a good lawyer and contact USCIS

    -----------------------------------------------------------------------

    My Situation is like this
    1. Applied for H1 Visa Ext with Comp A, before I- 94 expiry in regular processing and Ive receipt No with me.
    2. Now Ive a good offer with company B, they will apply in Premium processing for H1 Transfer and extension.
    What are my chances of getting Approval for transfer?





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  • bajjuri77
    03-27 10:39 AM
    To answer your questions:

    1. Transfer from H4 to F1 is very straight forward and you can do it yourself. I did the same for my wife.
    2. You need to show 1 yr expenses in your account.
    3. One year should be fine.
    4. If your parents want to fund her study, then you have list them as one of the sponsor and then show the money in the bank.



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  • sbabunle
    08-24 06:41 PM
    Hello GreatGuy
    You can be a lil more cordious and polite :rolleyes:
    At least if you expect somebody to answer your question.

    Hey guys knock it off. Labor substitution is legally allowed
    till date. If this guy get a pre approved labor let him accept
    it and get ahead. Nobody blocks you to accept pre approved
    labor. I'm retrogressed with PD of 2003 on EB3 India. But for
    that reason I dont think I'm going to shout at somebody using
    a pre approved labor and get ahead of me.

    Now to answer you question Mr GREAT.
    DOL can replace if its not approved. Mainly they look at the
    education and experience.
    This situation can be a lil dicey. If I were you I would
    get the reference no or something of that labor cert and verify
    all the details. Secondly I would do a thorough research on this
    employer. It would have been a lil better if its already approved.


    On 2002 I got a pre approved labor offer. I got a copy of
    the labor from this employer and had it looked by an attorney.
    Atty said its a lil risky to accept it. So I did not take it.


    Good luck GREAT. I expect you to be a lil more polite on these
    forums.





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  • realizeit
    10-19 02:21 PM
    Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.

    My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?

    Best,

    If they accepted the expedite request, you should get the EAD in your hands within 2-3 weeks.

    You cannot work with an expired EAD. Legally, you can work from the day when the renewal EAD gets approved. Some employers insist the production of physical EAD to allow us to continue working. Some employers (few) allow you to work, if the EAD application has been approved. It is not advisable/legal to work when your current EAD is expired and the new one has not yet approved.

    You do not have to quit your job. You can go on leave/vacation, if you have leave balance. Else you can go on "Leave without Pay". You do not have to leave the country in no circumstances, because your status is "Adjustment of Stats/I-485 Pending" which in no way gets affected by the expiry of the EAD. If it is not going to come on time, you just have to enjoy one or two weeks of vacation.

    Talk to your HR regarding the different options.



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  • div_bell_2003
    01-12 02:32 PM
    If your I-485 was filed in that mad rush on July 2007, you *have* to pay renewal fees for EAD/AP every single time. Remember, USCIS had extended July 07 filings acceptance date till August 17,2007 due to their own screw up. Here on or before 30th July 2007 means 17th August, 2007. FYI, my I-485 was filed on 17th August, 2007.

    But if you have filed your I-485 after that and the filing fee for that was around $1000 ($1010 I believe ), then you get free renewal of EAD/AP. When I e-filed the EAD for my wife, it made the fee calculation for me, so it's hard to go wrong there.


    Gurus,

    Here is what I found on USCIS website for renewal I765
    *****
    If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.
    *****

    I filled my EAD with I485 on August 2007. I got my EAD on 10/21/2007 which
    is expired and want to renew it.

    Do I need to pay the filing fee? Here it says any one filed I765 before July 30th 2007, they need to pay the renewal fee but nothing is mentioned for those who filed afterJuly 30th 2007?

    Does any one has any idea?





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  • ganip
    10-30 12:46 PM
    Hi,

    I recieved my EAD card recently and noticed that the date of birth on the card is not correct(I filled the application incorrectly the montha day got swapped),can you please suggest on what i have to do to correct the date on the card.



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  • gvenkat
    10-12 05:54 PM
    I will say this time and again. It's a piece of plastic card and until USCIS realises that we are stuck here.

    It's beyond belief that they cannot process all applications by labor date filed. That would easily eliminate all the waiting for Eb-3 India

    Again Eb-3 India is a minscule amount compared to any category, everyone including Eb-2 India get it in an average 5 years time. Until unless we have some practical solutions from law-makers nothing is going to happen.

    If we have EAD and AP I think thats like a temporary GC and we should just enjoy whatever we want to do.Atleast these guys can give us a single document for EAD and AP for maybe 2 years.





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  • vikki76
    04-26 03:52 PM
    I am saying this from personal experience. When I was offered a job, I had to supply all these documents and go through this background check process which took 1 month to clear. My friends on H1-B,in other companies also had to go through same process.
    My colleagues,who are US-Citizens and GC holders didn't have to comply with any of it.
    Even in India,everyone has to supply a copy of their educational qualifications.So,it seemed pretty odd to me that why are companies accepting things at face value for Citizens and GC's.Everybody can lie.



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  • krishmunn
    02-07 10:17 AM
    How much is the diffference ? If the pay (you are getting) and the required pay is not vastly different (say within 10-12 % range) you should be OK if company can prove their ability to pay.

    The GC salary offered need not be paid now, it need to be paid after 485 is approved (which possibly will take years)





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  • Dhundhun
    06-14 02:39 PM
    I am working in Company A and currently on OPT. My 2008 H1visa has been approved. It will be effective on Oct.1st. Now I got a much better job offer from company B, and need to join the new company in July. How can I transfer my H1 visa? Thanks a lot in advance. By the way, I can work on OPT for any employer before Oct 1st.

    Is it not that three contineous salary slips (on prev. H-1B employment) required for filing H-1B by new employer?

    If such changeover is allowed, it it not misuse of system? People have applied multiple H-1B due to lottery. If this is allowed, people can easily move to the employer they wanted without going through the USCIS approved employer.

    And I have been hearing that there are many employers ready to file H1B if you pay them cash.





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  • trueguy
    09-19 07:13 PM
    US Govt don't have to worry about it because we don't qualify for UnEmployment Benefits anyways.

    Now thats a different story that we pay unemployment and SS taxes but we don't get any benefits out of it.....:(





    shana04
    02-05 08:32 PM
    My H1 extension expires on March 08, Have EAD, Work for the same employer who sponsered my GC.

    Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).

    Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??

    Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.

    Thanks.


    Always advicible to use H1B renewal and H1B transfer, recommend not to use EAD.

    If you plan to change employer and what if he revokes your I 140. so better to renew.

    And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.

    Good luck





    DareYouFireMe
    02-11 08:12 PM
    I think you should reach out to the new employer, involve his legal team. EMPLOYER DO NOT LET EMPLOYEES OUT OF STATUS. Not good for them either. you still have time. Also, obtain I-140 /LC docs from past employer. if he is not willing to share then reach out to the freedom of information website. Even though your employer has withdrawn application, as per my lawyer you can use your PD.



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