Friday, June 24, 2011

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  • desi3933
    07-20 04:31 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?
    1. Can I apply EAD myself?
    2. will I get in trouble if I do not have EAD and my H1 expires?
    3. Can I move to new employer using AC21 without EAD?

    USCIS recommends applying for EAD 6 months in advance.




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  • desi3933
    09-09 04:19 PM
    What is the difference between 1099 and W2 ?

    Thanks,
    theOne


    W2 versus 1099 (http://answers.google.com/answers/threadview?id=463647)




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  • GcSTART1
    09-01 02:13 PM
    You may not use AC-21 AOS portability for future employment green cards. This is because the start date of employment on your AC-21 letter(from I assume your current employer) should be 180 days after filing of your future employment 485. Since you have been working for your current employer prior to that - USCIS will deny your 485

    I a in similar situation My I 140 is approved from previous employer (company A) if the employer agrees to go forward with I 485 , Can I still work for Compnay B and use Ac21.

    For AC21 does the jobs exactly have to match with the technoligies mentioned in labor , Or a generic job descirption of Software developer will be taken in to considerarion.




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  • ak_manu
    07-23 03:15 PM
    The way EB2 is progressing now, it looks like you might get your GC in a year or two. I would definitely recommend staying with current company. Once you have GC you can choose any job you want and earn more too:-). Also, it might help you spouse with tution and job (in case no one sponsers H1). So, I would think patience is the Key.

    If you really want to switch to Top company then have them sponsor in EB2 by porting priority date. If that company cannot sponsor in EB2 and you are more interesting in career the choose an other Top company that would sponsor you GC in EB2. After all they all are just consulting companies no matter big or small. If it is a client then I might grab the opportunity even though they sponsor in EB3 as at least you might be safe with them (if you are lucky!!) and don't have to travel.

    Makes sense??



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  • poorslumdog
    09-04 12:36 PM
    One redart is giving the comment 'Do you need to perpatuate the Ridiculousness'...Question to you. Tell me the difference between these poor souls and YSR's death. Dont you agree all life has same value. Come one man you can do better. Tomorrow I will post all the dead people names with state, city break up. Let us all pray for them.




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  • priderock
    05-15 12:48 PM
    Is there already a poll like this for EB3?
    Yes I have seen one for EB3 ...
    http://immigrationvoice.org/forum/showthread.php?t=4440



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  • PD_Dec2002
    08-05 11:04 PM
    I came to know about my interview from the embassy web site and they send us pakage 4 also. Then we informed them by mail asking to postpond for 3 month. They confirmed the same. I am in India embassy is in New Delhi

    Jeny: I believe you are referring to an interview for Consular Processing; not Adjustment of Status, correct?

    Thanks,
    Jayant




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  • mpadapa
    10-10 06:40 AM
    H1 extensions are never subjected to cap. But if U start using EAD (by filing I-9) then U loose H1 status and hence U break the continuity of H1, so in future if U decide to go back to H1B (for reason like 485 rejected), then U have to apply a NEW H1 which is subjected to cap (not applicable for cap-exempt employment).

    H4 is not lost when U use EAD, it is just that U R in AOS status on H4. It is similar to F1, F1 status doesn't allow ppl to work outside campus, but after U graduate, U can work anywhere on EAD (for 1yr) and still be on F1 status and travel using F1. The same Q is answered by susan henner on the IV free conf on Sep 30, the recording of that can be found at http://immigrationvoice.blogspot.com/

    augustus U'r lawyer is absolutely correct. Come on folks don't scare people..


    Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.

    jazz



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  • hoolahoous
    03-18 10:51 AM
    i am switching job using ac21. my current employer trusts immigration attorneys. and as expected attorneys suggested (since they get paid) that company should withdraws both H1 and I-140 after I leave. I know I am safe, however USCIS will definitly send me an RFE at time of processing my application and I will have to answer that. So I am trying to put my side to them saying that if it is optional, they should not.

    So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.

    Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.

    On flip side, if it is mandated, then why most of the employers do not withdraw the application ?




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  • voldemar
    06-25 09:26 AM
    If I were you, I would wait till it is 1st of July. What if they reject it,,u loose more time than saving!
    Agree. Ask lawyer to file on Saturday June 30 with overnight delivery.



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  • blacktongue
    10-14 03:23 PM
    So basically it is idea without a timeline and no actual document prove?




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  • Marphad
    01-12 12:21 PM
    I concur with you, Marphad.
    Its illegal to mail passport cross border.

    My bad! You are right.



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  • hopein07
    03-14 10:04 AM
    Canada requires 3yrs plus one year of training in US and then you need to take one exam for Canada and that's it. If she is doing IM or FP residency then she should try to get into one year of Chief residency as well after completing 3 yrs of residency.

    Canada has a severe shortage of doctors specially in rural areas but not in the cities like Toronto, Vancouver, Ottawa, Calgary, Windsor, or London. IT jobs are very scarce in Canada but are only in big cities. So, one of the two of you has got to sit at home depending on who decides to work.




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  • lecter
    March 15th, 2004, 12:24 AM
    Lecter,
    So we can conclude that resolution and focus are a little shakey?
    Gayr

    resolution lower than a cockroaches left testicle and more shakey than a sneezing 99 year old geriatric having a seisure.....



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  • satishku_2000
    02-21 01:09 PM
    I saw that in morning , trust me its one of those things I do on my laptop everyday in the morning.

    I try to access the page now and it shows the old one ...hehe :mad: ..

    Hopefully they are in the process of correcting/retracting ...




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  • forgerator
    04-29 03:39 PM
    The majority of people who return to their home countries do so due to family related reasons. America is still the land of opportunity and the best bet to earn big bucks.



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  • smartboy75
    09-26 07:32 PM
    Hi All

    Please read the below article...finally someone is talking about law abiding immigrants hardships...

    Hope the CNN's, the Lou Dobb's read this and present the truth to the american people...

    Encourage everyone to read it...

    http://blogs.usatoday.com/oped/2007/09/one-familys-nig.html




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  • nixstor
    12-01 02:48 PM
    Guys,

    Is it ok to have a title of Business Analyst and do software development? Programmer Analyst makes more sense for the position. Like wise Is it ok to have a programmer analyst title for a systems administrator? What kind of issues can one expect if the title and job duties/resume are not in sync?

    Thanks




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  • nyckings
    10-15 03:41 PM
    Is this her first time into US? if so, i guess they are trying to make sure your h1b is still valid. Since they see that you entered on AP, it might be confusing them. I am assuming you work for the same h1 employer who also sponsored your GC. Now all attorneys have told us that the law says you can resume your h1b once you are back on AP but lot of IO's don't care about it. Now you can just send an employer/personal letter stating that you are currently in the same job for which your H1 is approved and also have a I140 pending/approved for the same. Mention that you are still on H1b while you entered using your AP. Hence you never got your H1b visa stamped at the consulate. It shouldn't be a problem unless you are trying to get H$4 via a H1b from a former employer while you are working on EAD for someone else.

    I think the same. As my latest passport shows no visa except the AP entry stamp, they are confused how did I travel to India earlier. My wife explained them that I used AP, but they still believe that a visa page is missing in the supporting docs. So they have retained the passport and asked to submit 'current copy of husband's visa'. Now I am going to write a personal letter explaining the same and attaching the original I-797 which has my I-94.




    perm2gc
    12-01 06:23 PM
    this info is incorrect. from a murthy chat transcript...... available at :

    http://www.murthy.com/chatlogs/ch102306_P.html

    Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.

    Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.
    hmm..its a news for me.thks for correcting me.




    Lasantha
    06-22 11:39 AM
    My colleague told me that he took only chest X-ray and not done skin test he got his GC.

    That could be true in the past. But they have been insisting on the TB skin test since last couple of months. Before I am sure it was not a problem. But since recently they have been sending our RFEs. This is what I read on Murthy.com.



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