Tuesday, June 14, 2011

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  • Ann Ruben
    04-22 10:55 AM
    You raise a number of issues for which there are no clear or certain answers. My advice would be to request the extension of H-1 status without submitting pay stubs, and in the event of an RFE, respond with evidence of your complaint about your previous employer. If your new employer needs you to start work within three weeks, premium processing would be required, and even then, if there is an RFE, the timing will be tight.





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  • needhelp!
    01-11 12:42 PM
    Keep up that spirit and make it your fight!

    Yes. I will look into local and state chapter over the weekend. Thanks. If I have to go down, will go with a fight.





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  • chumki
    12-17 03:53 PM
    Please help





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  • a_yaja
    08-07 06:19 PM
    From the information that you have provided, I can tell you that their argument does not hold any water. The same can be said of H1B as well. If they are tracking expiration of H1B, they certainly can do the same for EAD.

    Hi,

    Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

    1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

    2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


    Please help me understand if their concerns are valid and if not what is the remedy.



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  • Rajwaitingon140
    11-15 11:46 PM
    quizzer

    What is raised SR means?

    Mine also filed in DEC'2006; but no news yet.

    Thanks
    RT


    Lawyer received the I140 approval email filed on DEC 2006 yesterday. he has raised SR last month.

    But I havent received any mail from CRIS and the USCIS website doesnt show the approval as well till now.


    Has someone experienced like this before - lawyer getting it first and the uscis webisite took a long time to update if it did at all.

    Any comments pls?





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  • frostrated
    09-08 05:11 PM
    I would not advise you to port, stick with eb3 as you are working with company A right ? if not then stick with eb2 PD.
    why? any reasons?



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  • gimmemygreen
    02-20 01:23 PM
    Anyone who writes against following can be a dangerous white supermacist and needs to be followed closely to avoid such attacks :-

    Indians
    Outsourcing
    Offshoring
    H1b
    Perm
    Greencard
    IRS


    These people can be potentially dangerous. It grunt and that clown from Texas proved it.
    :D:D:D:D





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  • deafTunes123
    06-14 07:43 PM
    Income earned thru rent is considered as Un-Earned Income. All the un-earned income (i.e. that you get by not working) is not subject to social security taxes. But any income earned(working or stocks gain, house rent etc.,) is always considered as Income. Income( i.e. Earned or Un-earned) is always subject to tax as per IRS.

    So many people who work for themselves (home based company owners) will write check themselves(company name to personal). So that when filing taxes, company taxes are tax deductible) and self income taxes are not subject to social security and Medicare taxes which is a good amount to save.

    My 2 cents. This is best according to my knowledge. Consult a tax professional for accurate info.



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  • msyedy
    12-13 12:03 PM
    What are you saying he has no valid visa on his passportm his papers are valid. People who have a valid I-94 and like H1B - Valid i-797 can legally work in US without a valid visa on the passport.

    Well getting a transit visa to france depends on the rules the French government has. Ask your travel agent.





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  • sidd
    07-04 10:44 AM
    Rayyan,

    Here is my experience. I attended interview at Chennai Consulate on 06/23/08 (H1 approval notice - 2006). Got my passport back in 2 days. No PIMS delay as my info was already in their system. My daughter (H4 approval notice - 2006 and principal applicant is my husband) attended the interview on the same day. However, her info was not available in PIMS. They kept the passport and said it will be sent within a week. I sent an email (to ChennaiNIV@state.gov) on 07/02. They sent a reply asking me to contact them again in 3 days. By God's grace, she received her stamped passport on 07/04.

    Now, answers to your questions:

    Chennai appointments slots are normally open 3-4 weeks in advance. Make an appointment accordingly.

    I think the info is added to PIMS on a routine basis. Making an appointment does not seem to have any effect. If, on the day of your interview, your info is there in PIMS, it is there. Otherwise, you will have to wait till the time they add it.

    I normally go to Chennai as that is my regional consulate.

    I am not aware of any specific way to make them add your info to PIMS (if it is already not there) before you actually attend the interview.

    We have always followed one very successful strategy in all our visa dealings with US consulate namely, PRAY TO GOD.

    All the very best for your interview.

    Disclaimer: I am not a legal expert on visa stamping procedures or on any of the issues discussed above. These are all my opinions/assumptions only purely based on my experience.

    Hi sk76012w,

    Congrats and thanks for sharing your experience. I would really appreciate if you can reply to my couple of questions:

    1. Was it a H1B renewal for yourself?
    2. Your approval notice was approx. for which month of 2006?
    3. As I can make out, your daughter attended the interview with the H1 Approval Notice of your husband? And that means, the information for your husband's H1 petition was not there in PIMS. Am I right here? Can you please let me know which month/year your husband's approval notice was for?

    Thanks.



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  • mantagon
    12-17 11:45 AM
    I had gone to India via Munich in Dec 2006 with H1-B extension approved (VISA on passport had expired) without a Transit VISA and had no problems. Hope this helps!





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  • GreeNever
    06-13 11:18 AM
    Folks! MSNBC is organizing a gut check on the immigration issue (though this appears to be on issues related to illegal immigration). It's a message board inviting opinions on immigration with an expert panel set to reply to the meesages posted. Eventually, messages will be short-listed for publishing. We may be able to make an opportunity out of this.

    Link: http://www.msnbc.msn.com/id/18826755/



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  • RDB
    12-02 08:24 PM
    Don't get excited too soon :)

    I saw the following message when I logged into the USCIS case tracking system.


    * Note on "Last Updated" date:
    Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.

    I saw LUDs for both me and my wife's 485 on 11/22(Sat) and 11/24.
    PD-12/05
    RD-07/03/07

    This LUD was after more than a year. Hope Jan bulletin brings some movement.





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  • rsdang
    08-29 11:27 AM
    Guys,

    I have been going to various blogs and where anti legal immigration ideas are posted, I try to provide a fact based rebuttal...

    As a start I would request all of you to do the same...

    For the gifted writers here writing articles for newspapers is a great idea...

    We all should do aour part and spread the awareness...



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  • glus
    02-05 02:16 PM
    This rule is NOT yet in place. Please be careful when posting such messages. This 45-day rule was barely proposed. The bottom line is that if your I140 with the old priority date was approved and not canceled due to mispresentation or froud, you can port the old priority date when applying for the new I140.

    G





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  • Amitdon
    09-04 03:51 PM
    I read some where, you should be physically in country when you get card. Not sure you will be able to enter or not ?

    I would suggest contact attorney.



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  • chanduv23
    09-04 06:50 AM
    Hello,
    Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
    What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
    Thanks.

    Once you get your green card, you are supposed to go work for the company who applied for your green card or work in a same or similar job. So it is good to have a job offer in hand. Talk to an Attorney on what are the potential questions at POE as you have been out of the country for a long time.





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  • gcnotfiledyet
    03-16 11:16 PM
    Option 1 - Take Travel Insurance for 15 days. For young folks that is not pricey and covers emergencies.

    Option 2 - Just ignore....It is a matter of 15 days. Insurance is good, desirable, and highly recommended......but it is not something that deserves too much worry for 15 days for any healthy person.

    I would highly recommend against option#2. I had accident on first day of driving after coming back from India. I had been driving for 5yrs before it. Luckily nothing happened but you never know and that is why you have insurance. For this scenario check health coverage on your auto policy. But how many scenarios are you going to cover? Best to get some kind of coverage. It is not advisable to live in this country without health insurance. It can make you go back to your home country/file bankruptcy etc. Americans are not stupid to have such costly insurance policies.





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  • ChangingJobs
    06-29 10:27 PM
    Here is my situation:

    - I have a valid H1B and EAD through Employer A. My current status is H1B.

    - I am getting offer from Employer B but they are asking me to join on EAD so that I dont have to wait for H1 Trasnfer approval. They are okay in filing for H1 B Transfer at the same time. Here are 2 questions I have:

    1. In case H1 transfer gets denied then will I be able to go back to Employer A and continue on the current H1B ? I really dont want to take the risk of using EAD since if I-485 is denied then I will have to leave immediately.

    2. Will I be able to maintain my H1 B status even if I join on the basis of EAD considering that H1 B transfer application is filed before I join.


    Your answer will be very helpful for me to take the right decision.

    Thanks in Advance





    bkarnik
    04-04 10:36 PM
    The AOS (485) is based on the I-140 approved for the beneficiary listed in the I-140 and not the labor. Besides, the DOL is not really concerned about EB2 or EB3 category. The DOL asks for the alien information just to verify that the job ad is not tailored to meet the alien's qualifications. EB2, EB3, etc are categories under the INA which become applicable only once the I0140 is filed. In a nutshell, your friend should have consulted another attorney before the I-140 was filed under EB3. It is not possible to change the 485 filing to EB2 based on the labor because the immediately preceding step to filing 485 is the I-140 which governs.





    Aura M.
    02-21 03:24 PM
    I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
    There is any body that faced a similar situation, Please advised�. what to do!!!!
    Thank u.



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