الأربعاء، 8 يونيو 2011

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  • ashkam
    11-17 02:53 PM
    using AP with H1B will not affect your h1b status in anyway.

    Go with what roseball said ..................... 100% true

    What you are saying is incorrect and not what roseball said at all. If you enter on an AP you will no longer be in H1B status. You will be in parolee status. However, you may continue to work on your H1B. Seriously folks, it's not that hard to understand.




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  • H1bslave
    11-14 10:27 AM
    At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.


    Well, are you sure I would need to work for this "future employer" for 6 months?

    AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.

    Is this scenario different because A is not a future employer?




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  • anishNewbie
    09-10 06:07 PM
    MS+0--hard to sell to DOL, particularly in current economic condition, as unemployment rates are in double digits. It is also depends on the location of the job. DOL may belive that they can't find US citizen with MS+0, for the job in Alaska. !00% they wont belive if the job is in michigan or california, where the unemployment rate is very high.

    Wow.. this is worrying factor...:( :confused: :(

    I hope there would be some1 here in this forum who would have passed the Labor, I-40 or GC test with just MS+0 experience with EB2 category...




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  • logiclife
    03-28 03:39 PM
    Yes Bheemi.

    I dont want this to be an an implied guarantee, but that is the plan for now. Things can change depending on whose bill is debated on Senate floor - SJC or Frist's S. 2454.

    Jay.



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  • H1InTrouble
    09-18 04:05 PM
    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble




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  • s.m.srinivas
    04-03 08:30 PM
    Today I received denial notice from USCIS. The reason for denial is that "THE RFE RESPONSE WAS RECEIVED LATELY, HENCE DENIED". The last date for reception of RFE response was on 22nd March 2009 & They claim that they received it on 23rd March 2009. 22nd March was Sunday & more over we have proof from FEDEX deliver report that it was delivered by morning 10:30 AM on 20th March 2009.

    I believe this is error from USCIS. My attorney did call Customer Care and spoke to them & they said to send letter with proof, they will forward it to USCIS & they said there is no guarantee that they will again open the case by themselves.

    We did immediately sent letter with proof of FEDEX delivery report and as well as RESPONSE to RFE & we made sure that it will be delivered by monday April 6th 2009.

    My attorney suggested the following:

    We will wait atleast 2 weeks for to see whether they consider their mistake and open the case or ask us to open MTR with immediate effect
    IF they don't in two weeks, we will appeal for the denial
    Once MTR/appeal is open, we can prove it's their mistake & there is always good chance
    Once the status changes to MTR/appeal, then you can either apply for fresh H1B from other employer on premium process or live to your country it's your choice.


    Now my question to you all is, whatever he is saying is this correct? I am worried about becoming illegal. I don't WANT TO BE HERE ILLEGALLY. I WOULD RATHER GO BACK TO MY COUNTRY THAN BEING HERE ILLEGALLY & FACE PROBLEMS.. PLEASE DO GUIDE ME



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  • mhathi
    09-23 07:55 AM
    I suggest you talk to a good lawyer! This kind of question is too sensitive to rely on people's opinion.




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  • acsouza
    03-19 01:15 AM
    So I asked my company's HR and the following is the reply I obtained:
    <company name omitted> participates in E-Verify, which is a government run program that verifies work eligibility with the Department of Homeland Security and Social Security Administration. E-Verify requires that List A documents (your EAD card is a List A doc) must contain a photo ID which the receipt does not contain. This is required because when your information is entered into E-Verify, a picture of your EAD card appears, I then have to confirm the picture in their data base matches your physical card. Due to us participating in E-Verify we must comply with their regulations which trumps regular I-9 requirements and we will have to wait until your EAD card arrives.

    So according to the company I will work for the receipt would be a valid doc for List C of the I-9, yet their E-Verify regulations require me to present a document from List A.

    I am sad. Completely ran out of money. Glad I have friends willing to lend me money at this difficult time or I would starve.



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  • Leo07
    03-31 03:03 PM
    Good Luck!




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  • LegalIndianInUSA
    06-18 10:52 PM
    yes it is the red colored number on the visa stamp

    My visa stamp was issued in the US (revalidation locally), which they have now stopped.

    The stamp says place of issue: "DEPARTMENT".
    Is that sufficient to put on the 485 ?



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  • nousername
    03-30 08:08 PM
    Congratulations.. Enjoy your freedom.

    Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.

    no updates online just received postal mail from USCIS today .

    I guess end of long wait , been in country from 2001 .

    I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .

    FYI - I dont know if my back ground check is clear or not , I guess it is .




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  • sanju
    08-31 12:10 PM
    I think we all should VOTE in this poll.

    You will waste your time if you vote in Lou Dobbs polls. His pools are rigged. These polls start in the loo as they begin by giving 100,000 votes to his ideological point of view and 0 votes in support of the opposite view. Hence the disclaimer to the pools. I suggest that we simply ignore him and don't participate in his pool. It would be one less human being giving Lou Dobbs no value, making him inconsequential one person at a time.



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  • IV2007
    07-30 10:37 AM
    Guys,

    My undertstanding is, if one is a primary applicant on EAD and he/she starts studying full time, one need to pay taxes (like saying working part time or doing business, etc...).

    Once school is complete one needs to get back to same position or higher as an EAD applicant.

    I am also looking for concrete answers/confirmation on this.

    Tried to post a mesg to attorney on this forum but the post was closed. :(

    Anyone know for sure how to handle this situation. Or anyone did this and still got GC ??

    Thanks
    shree




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  • manja
    06-29 04:17 PM
    Thank you all for your help/suggestions. I'll try to add my wife in my employer plan, may be with lower premium and higher deductible for now. Also there is this insurance I found called 'HTH global citizen' that covers pregnancy after 12 months.



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  • REEF�
    06-06 06:10 PM
    Oh I see it :). Evil is over it and too much grass covers it up.




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  • gc03
    05-24 08:16 AM
    Wonderful Job!



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  • pushkarw
    12-21 02:19 PM
    My question is - WHY WOULD ANYONE HELP US GIVEN THE FACT THAT WE ARE NOT WILLING TO HELP OURSELVES?????

    All - Please contribute.


    Please think:

    A. WHY will ACLU assist us? Only because Ms. Singh is there?

    B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.

    C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...




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  • sam2006
    08-03 12:27 PM
    we just have to live it :)
    or we can work towards making the Sep 13 Rally success




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  • go_guy123
    03-12 10:05 PM
    There is a add on Sulekha which says u can apply Canadian Citizenship if u are on H1/F1/L1 and u need not move to Canada and stay and work in US. Has someone tried this or have any comments on this idea ?

    Add says -->
    Attention H1B, F1s, L1s
    To difficult to get USA green Card?
    Canadian Green Card helps you stay in USA Legally
    You do not need to move to Canada
    Get a Canadian Green card as a Back-up

    Linky --> http://www.maple-immigration.com/ad_index_en.htm

    :confused:
    Ria

    where is the ad in sulekha ?
    can you post the link ?




    ita
    01-16 05:21 PM
    They transferred me to the immigration sub committee's office after asking my name and the reason I was calling. I got the sub committee's VM again.




    unitednations
    02-27 12:27 PM
    Hi all

    I am a green card holder. I received my green card through an application filed by a former employer, and received it in September 2004. I got married in Arpil 2006, my wife is from my home country, she had been in the US previously on an F-1 status which has since ran out. She became pregnant soon after we were married. She came up to the US last September on a B visa. She was given 6 months stay on her I-94; and had the baby here in January of 2007. Her expiration date on the I-94 is in 3 weeks and she is going to leave (with the baby) to maintain good status standing.
    I filed for her (I-130) last July. Our plan at this time is for her to go to grad school, apply for a new F-1 to come back here. We are presently waiting for a decsion on the grad school application from the school she applied to.
    I hope this isnt too confusing, but can anyone offer any suggestions or help with our situation? In terms of what options are out there for my wife to be here with me if things dont work out with grad school/ F-1 visa? As I mentioned I did file for her, but as I am not a citizen it will take longer. Also our newborn baby is a US citizen as she was born here.
    Thank you!!


    This is why consulates and uscis are so tough.

    You got married before she got the visitor visa? Did you tell the truth on the visa application? If you did then they probably wouldn't have given the visa.

    Now you have filed I-130 for her which difinitively shows immigrant intent. On the I-539 form if you tell the truth they will deny the extension/change of status because she has shown immigrant intent.

    Sorry, not much good news for you.



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