GooblyWoobly
10-17 03:47 PM
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status:
1. Non-immigrant status (H1B/H4 etc).
2. Pending AOS status.
You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.
I might be wrong though.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status:
1. Non-immigrant status (H1B/H4 etc).
2. Pending AOS status.
You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.
I might be wrong though.
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gsc999
07-11 01:34 AM
Lets take this offline. It will be a shame if we let this sour our success. Let the core team figure this out with USINPAC.
We sent flowers now we need help with the San Jose peaceful protest. Let us keep the momentum and not loose focus.
This event is unprecedented, as some member pointed out because it will be this first protest by legal immigrants on such a scale in San Jose, home of the silicon valley.
We sent flowers now we need help with the San Jose peaceful protest. Let us keep the momentum and not loose focus.
This event is unprecedented, as some member pointed out because it will be this first protest by legal immigrants on such a scale in San Jose, home of the silicon valley.
vmetla
07-31 12:41 AM
I guess both options are good but I would suggest option 1. Btw you should kick you lawyer's a** so hard so that he would not make this mistake again in his life. Sorry for my language. Why do these lawyers screw up our lives? I have had enough with these so called idiots who cannot do a simple job without making any mistakes. My lawyer screwed up my life with just a single mistake and I have been suffering for the past 5 years now, otherwise I would have got my GC in 2005.
Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.
Yes thats right. I never thought i would face this issue with a single line on the ETA form.
I have taken this issue with my HR, and they are changing the immigration lawyers.
As a contingency measure, my HR is applying for 1 H1 extension, just in case the I-140 is denied. I hope the USCIS adjudicator is a cool guy and get satisfied with the evidence i submit.
Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.
Yes thats right. I never thought i would face this issue with a single line on the ETA form.
I have taken this issue with my HR, and they are changing the immigration lawyers.
As a contingency measure, my HR is applying for 1 H1 extension, just in case the I-140 is denied. I hope the USCIS adjudicator is a cool guy and get satisfied with the evidence i submit.
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nashim
05-30 03:30 PM
Don�t worry, they will send you receipt notice within few days. I efiled on 05/19/08, receipt was generated on same day from TSC and I received on 05/23/08.
more...
sobers
06-23 04:29 PM
We ought to contact lawmakers and make them see the plight of legal immigrants. There is no other way about it....even if we don't have a vote now, we have a voice...that of a LEGAL immigrant (and a future Citizen!). Each one of you find out where the meeting is going to be, and make a point to attend and atleast ask one question- It has been said that America is a nation of laws and a nation of immigrants- so Congressman, while you're working against ILLEGAL IMMIGRANTS, what are you doing to help LEGAL IMMIGRANTS??? (Suggestions welcome) ...And then personalize your story with your personal troubles...backlog, retrogression, endless waits obeying the law...and not getting a dime in benefits...
See what NumbersUSA folks are doing...
======
Roy Beck, President, www.NumbersUSA.org Friday 23JUN06
More Good News ... House leaders emboldened by YOU & pushing for enforcement-only bill
SENATE BILL FOR AMNESTY AND MASSIVE IMMIGRATION INCREASE IS DEALT MORE BLOWS .......
....... Speaker of House is totally impressed by citizen pressure at a town hall meeting!!
Wait until you see the report below from a Hill staffer of the Speaker's comments in a closed session of congressmen/women.
As I predicted to you in my email Monday morning, the terrible Senate bill has further bogged down this week as U.S. House leaders have become increasingly emboldened by you citizens' phone calls, faxes, office visits and attendance at town hall meetings.
Suddenly this week, Speaker of the House Hastert announced that he wouldn't be immediately appointing House negotiators to hammer out a compromise with Senators in a joint Conference Committee. Rather, he announced a series of public hearings to be held across the country over July and August to get public feedback on the provisions of the Senate bill.
Hahahahaha.
Maybe the 63 hidden provisions in the Senate mystery bill that our Rosemary Jenks uncovered and exposed at the National Press Club (but with very little media interest) will get proper vetting from the American people.
This is such terrible news for the Kennedy/McCain/Bush open-borders folks who had hoped to ram their bill into law without the public truly discovering what was in it.
Even better, Speaker Hastert announced principles that should undergird House action and they were all about enforcement and nothing about increasing legal immigration or guestworkers.
WHAT PERSUADED HASTERT TO DO THIS?
Rep. Hastert (R-IL) has always voted very well but has not been very helpful as a leader. He has been much too eager to please the White House when it asks for favors and to help out the U.S. Chamber of Commerce.
Nonetheless, he has often ended up helping block bad stuff in the House and was a big help in the end in passing the ban on drivers licenses for illegal aliens. But his behavior this week represents a whole new side of Hastert. And it is pretty apparent why he changed.
Check out this email from a Republican staffer to Rosemary describing the closed-door session Hastert had with Republican Members of the House.
Rosemary --
You may already have heard this, but it was too good not to pass along. In GOP conference this morning, Hastert started talking about an event he went to with several hundred of his constituents. He went on and on about this was in Illinois, in the heartland of the country, Illinois wasn't a border state -- and every question but one from his constituents was about immigration.
He then said this proves it's a national issue and not just a border state issue and it is really important. (Hastert, our fearless leader, moonlights as Captian Obvious.)
Technically everything that goes on in conference is supposed to stay confidential but my boss was going on about it and how he thought the meeting with his constituents made a huge difference to Hastert.
I thought you'd find it encouraging that all the hard work your minions are doing about bugging the hell out of these guys at public events is working.
You're outgunned, outspent, and outlobbied -- but you're winning. I am now officially cautiously optimistic.
-- (from a House GOP staffer)
As the staffer knows, we have been pushing all of you to try to attend any meeting where your Members of Congress can be found so you can ask questions, hold a sign or just applaud other people who say what you believe about immigration.
More and more of you are doing this.
Now, the entire nation owes a debt of gratitude to those northern Illinois voters who showed up at that meeting and so impressed the Speaker of the House!
We will continue to inform you on your Action Buffet corkboard every time we know your Senators or your Representative are going to be appearing somewhere in your area.
Please keep checking your corkboard at:
www.NumbersUSA.com/actionbuffet
Also, please keep telling us if you know of a meeting or appearance that appears to be something we may not know about. The only way we can inform everybody in a district about an event is if somebody tells us about the event ahead of time.
As for the hearings, some of your NumbersUSA staff have already been invited to testify. We will be sending notices to you about when and where they will occur so that many of you can attend and reinforce the position of no amnesty and reduced total immigration numbers.
Finally, I just have to note that after the Senate passed its monstrosity in late May, we got a ton of emails from people saying they were giving up and that no hope was left. You may recall that we continued to tell you that we believed we could beat this thing if we all kept fighting. Well, most of you kept fighting. Even I am a little surprised at how well things are working out at the moment. But I have no doubt that the only factor is the never-ending drum-beat of citizen complaint that Members are hearing.
Thanks for all you do,
-- ROY
www.NumbersUSA.com/donation.html
Also, don't wait on emails from me. Keep up with what is happening in Congress on immigration by checking regularly on our NumbersUSA home page:
www.NumbersUSA.com
See what NumbersUSA folks are doing...
======
Roy Beck, President, www.NumbersUSA.org Friday 23JUN06
More Good News ... House leaders emboldened by YOU & pushing for enforcement-only bill
SENATE BILL FOR AMNESTY AND MASSIVE IMMIGRATION INCREASE IS DEALT MORE BLOWS .......
....... Speaker of House is totally impressed by citizen pressure at a town hall meeting!!
Wait until you see the report below from a Hill staffer of the Speaker's comments in a closed session of congressmen/women.
As I predicted to you in my email Monday morning, the terrible Senate bill has further bogged down this week as U.S. House leaders have become increasingly emboldened by you citizens' phone calls, faxes, office visits and attendance at town hall meetings.
Suddenly this week, Speaker of the House Hastert announced that he wouldn't be immediately appointing House negotiators to hammer out a compromise with Senators in a joint Conference Committee. Rather, he announced a series of public hearings to be held across the country over July and August to get public feedback on the provisions of the Senate bill.
Hahahahaha.
Maybe the 63 hidden provisions in the Senate mystery bill that our Rosemary Jenks uncovered and exposed at the National Press Club (but with very little media interest) will get proper vetting from the American people.
This is such terrible news for the Kennedy/McCain/Bush open-borders folks who had hoped to ram their bill into law without the public truly discovering what was in it.
Even better, Speaker Hastert announced principles that should undergird House action and they were all about enforcement and nothing about increasing legal immigration or guestworkers.
WHAT PERSUADED HASTERT TO DO THIS?
Rep. Hastert (R-IL) has always voted very well but has not been very helpful as a leader. He has been much too eager to please the White House when it asks for favors and to help out the U.S. Chamber of Commerce.
Nonetheless, he has often ended up helping block bad stuff in the House and was a big help in the end in passing the ban on drivers licenses for illegal aliens. But his behavior this week represents a whole new side of Hastert. And it is pretty apparent why he changed.
Check out this email from a Republican staffer to Rosemary describing the closed-door session Hastert had with Republican Members of the House.
Rosemary --
You may already have heard this, but it was too good not to pass along. In GOP conference this morning, Hastert started talking about an event he went to with several hundred of his constituents. He went on and on about this was in Illinois, in the heartland of the country, Illinois wasn't a border state -- and every question but one from his constituents was about immigration.
He then said this proves it's a national issue and not just a border state issue and it is really important. (Hastert, our fearless leader, moonlights as Captian Obvious.)
Technically everything that goes on in conference is supposed to stay confidential but my boss was going on about it and how he thought the meeting with his constituents made a huge difference to Hastert.
I thought you'd find it encouraging that all the hard work your minions are doing about bugging the hell out of these guys at public events is working.
You're outgunned, outspent, and outlobbied -- but you're winning. I am now officially cautiously optimistic.
-- (from a House GOP staffer)
As the staffer knows, we have been pushing all of you to try to attend any meeting where your Members of Congress can be found so you can ask questions, hold a sign or just applaud other people who say what you believe about immigration.
More and more of you are doing this.
Now, the entire nation owes a debt of gratitude to those northern Illinois voters who showed up at that meeting and so impressed the Speaker of the House!
We will continue to inform you on your Action Buffet corkboard every time we know your Senators or your Representative are going to be appearing somewhere in your area.
Please keep checking your corkboard at:
www.NumbersUSA.com/actionbuffet
Also, please keep telling us if you know of a meeting or appearance that appears to be something we may not know about. The only way we can inform everybody in a district about an event is if somebody tells us about the event ahead of time.
As for the hearings, some of your NumbersUSA staff have already been invited to testify. We will be sending notices to you about when and where they will occur so that many of you can attend and reinforce the position of no amnesty and reduced total immigration numbers.
Finally, I just have to note that after the Senate passed its monstrosity in late May, we got a ton of emails from people saying they were giving up and that no hope was left. You may recall that we continued to tell you that we believed we could beat this thing if we all kept fighting. Well, most of you kept fighting. Even I am a little surprised at how well things are working out at the moment. But I have no doubt that the only factor is the never-ending drum-beat of citizen complaint that Members are hearing.
Thanks for all you do,
-- ROY
www.NumbersUSA.com/donation.html
Also, don't wait on emails from me. Keep up with what is happening in Congress on immigration by checking regularly on our NumbersUSA home page:
www.NumbersUSA.com
pmamp
12-05 01:58 PM
I found this link for LC case disclosure data. I don't see any case data for 2005 cases which were filed pre-PERM. If someone has that link please share.
http://www.flcdatacenter.com/CasePerm.aspx
It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.
http://www.flcdatacenter.com/CasePerm.aspx
It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.
more...
hankles
12-09 05:35 PM
O*Net Online website has a useful tool to learn which other occupations relate to one's present occupation. Simply enter your O*Net/SOC code and go to "Related Occupations".
This may prove useful for inidividuals searching for jobs in "similar" occupations. Altough this information can be very handy it goes without saying that every case is different and one should not solely rely on this.
This may prove useful for inidividuals searching for jobs in "similar" occupations. Altough this information can be very handy it goes without saying that every case is different and one should not solely rely on this.
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gc28262
07-14 08:29 AM
I apologize for hijacking this thread. I could not find a way to create a new thread. I subscribed for monthly contributions almost 5 days back and still don't have access to Donor's forum. Emailed the admins, still no response. Can the admins take a look at this one please?
And also how do I create a new thread? I did this some time back, but could not find it where to start.
Thanks
To start a thread:
Click on Forums menu-->Select an appropriate Discussion topic till you see a "New Thread" button. Click on the "New Thread" button to start a thread.
And also how do I create a new thread? I did this some time back, but could not find it where to start.
Thanks
To start a thread:
Click on Forums menu-->Select an appropriate Discussion topic till you see a "New Thread" button. Click on the "New Thread" button to start a thread.
more...
fromnaija
09-21 04:26 PM
Since I did my master's here. I think they filed my case under EB1...I need to re-check. If this is the case then how long does it take. Yes I'm an indian.
I doubt if a Masters qualifies for EB1. But if you filed under EB1, then you should be able to file I485 immediately as that category is CURRENT. Check and confirm the category your employers filed and post your question again.
I doubt if a Masters qualifies for EB1. But if you filed under EB1, then you should be able to file I485 immediately as that category is CURRENT. Check and confirm the category your employers filed and post your question again.
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anantken
05-27 01:22 PM
If the PO boxes are different then you have to send it seperately.
more...
h12gc
06-25 05:52 PM
Hi,
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
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Macaca
02-23 01:17 PM
In addition to contributions, we need to work very VIGOROUSLY on timing the following with the appearance of our Bill on the Hill.
2. Grass root lobbying of our local legislators.
3. Media publication of our issues.
Please focus on these three issues only. Put them on your fridge, car, bathroom mirror, forehead, etc. Whatever works for you.
The remaining activities are of ABSOLUTELY no use for our cause.
2. Grass root lobbying of our local legislators.
3. Media publication of our issues.
Please focus on these three issues only. Put them on your fridge, car, bathroom mirror, forehead, etc. Whatever works for you.
The remaining activities are of ABSOLUTELY no use for our cause.
more...
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xtronics
06-11 03:13 PM
This is my 6th yr (will enter 7th yr in Dec). I have approval until Dec'09. Does that mean I can apply for premium I-140 within 60 days of the end of 6th yr?
This is confusing. Any help appreciated. Thanks
This is confusing. Any help appreciated. Thanks
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desi3933
03-09 11:58 AM
She is a derivative on my pending AOS, has a valid EAD/AP. She used to work on H1 and stopped work sometime ago. Does she need to do anything/is she automatically considered to be in AoS status?
Nothing is needed from employee.
Employer needs to notify USCIS about termination.
______________________
Not a legal advice.
US citizen of Indian origin
Nothing is needed from employee.
Employer needs to notify USCIS about termination.
______________________
Not a legal advice.
US citizen of Indian origin
more...
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indian
11-17 12:51 PM
of the passage of the US-India civil nuke deal for us here is that with this piece of legislation out of the way, IV should find it easier to draw upon the resources of the USINPAC and India caucus.
Before this bill's passage, I doubt anyone from Indian caucus/influencial Indians with serious connections in congress would have bothered to listen to or do anything for IV.
Now that its done, we should find it easier to draw upon the strength of India caucus.
IV is not india-specific. But fact remains that Indians are among the worst affected w.r.t. current skilled immigration policies. If we can use that as our strength and draw upon the resources of India caucus/indian-american community, everyone here benefits.
Before this bill's passage, I doubt anyone from Indian caucus/influencial Indians with serious connections in congress would have bothered to listen to or do anything for IV.
Now that its done, we should find it easier to draw upon the strength of India caucus.
IV is not india-specific. But fact remains that Indians are among the worst affected w.r.t. current skilled immigration policies. If we can use that as our strength and draw upon the resources of India caucus/indian-american community, everyone here benefits.
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prem_goel
08-15 09:36 AM
would appreciate if any of you experts can share some intelligent thoughts on it...
more...
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saisravan
07-23 07:45 AM
Hi
Am in the same situation with my employer
He is doing a direct deposit on to my account and not sharing the paystubs and everytime when i follow up him with paystubs he is saying all cock&bull stories saying that HR is busy with other stuff and cannot do it at this point.
Its been 3 months he is delaying this.
Previoulsy I was receiving my paystbs regularly and all it started is after my H1 renewal and am need to change my employer now and other company is asking for the latest 3 months paystubs for the H1 transfer.
and my employr is thretening for the original H1 B doc and he says that he needs it for companys reference.
Please let me know whome to contact and how to contact and how to get this things done in gettign my paystubs.
Am in the same situation with my employer
He is doing a direct deposit on to my account and not sharing the paystubs and everytime when i follow up him with paystubs he is saying all cock&bull stories saying that HR is busy with other stuff and cannot do it at this point.
Its been 3 months he is delaying this.
Previoulsy I was receiving my paystbs regularly and all it started is after my H1 renewal and am need to change my employer now and other company is asking for the latest 3 months paystubs for the H1 transfer.
and my employr is thretening for the original H1 B doc and he says that he needs it for companys reference.
Please let me know whome to contact and how to contact and how to get this things done in gettign my paystubs.
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gc_kaavaali
06-03 03:28 PM
Should i fill AR11 form for my wife too? i entered my wife's application receipt number when i am updating my pending cases and gave my wife name and her details...is it sufficient?
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piyu7444
04-03 02:51 AM
I opened a service request last week regarding the pending I 485 case. Today I got the following letter in mail. "We are actively processing your case. However we have to perform additional review on this case. Contact us after 6 months." . When I opened a SR last year I got the same response.
I was wondering is this a standard SR reply or is the case really under additional review ? I know my name check got cleared long back ( info pass ). I think additional reviews are done by Department of Homeland Security and probably USCIS put the case on hold until DHS clear the case. Since my case is in limbo for over a year, is there any way to speedup the "additional review" process ?? I am thinking of sending all the "additional review" mails I got along with the case details to senators. Please let me know if anybody got any better ideas.
The same thing happened with me also...........this is just plain BS to put us off for atleast 6 months. USCIS does not even tries to find where the hell the case is and will send you the standard letter.
Let all know the outcome of contacting the senators and I might just follow your foot steps. I know for sure that my case is just waiting a visa # still I had opened up a SR to know where abouts of my case.
I was wondering is this a standard SR reply or is the case really under additional review ? I know my name check got cleared long back ( info pass ). I think additional reviews are done by Department of Homeland Security and probably USCIS put the case on hold until DHS clear the case. Since my case is in limbo for over a year, is there any way to speedup the "additional review" process ?? I am thinking of sending all the "additional review" mails I got along with the case details to senators. Please let me know if anybody got any better ideas.
The same thing happened with me also...........this is just plain BS to put us off for atleast 6 months. USCIS does not even tries to find where the hell the case is and will send you the standard letter.
Let all know the outcome of contacting the senators and I might just follow your foot steps. I know for sure that my case is just waiting a visa # still I had opened up a SR to know where abouts of my case.
icecolor
09-06 01:28 PM
Same here. However, I think that we will get it sooner.
GCOP
03-30 01:52 PM
Can you please clarify about the details of POE in NJ. Thanks
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