Friday, June 10, 2011

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  • msp1976
    02-06 04:19 PM
    My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.

    Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
    - do I need to submit an application for transfer (new I797) for my wife's H4 visa
    - can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.


    Thank you


    I have a friend...He had H1 stamped on his passpost when he was with company A..He changed job went to company B...He went to India...Got married..Got his wife's H4.. He did not go to restamping for his own visa stamp..They came back to US....This is firsthand I know....His own H1 stamp is still company A stamp...He could reenter the country...His wife entered too....He is working for company B... This is one experience.......


    If anyone has experience of entry being denied in this situation please post...I would want to know.....


    The USCIS information systems are very antiquated...I donot think the right hand knows what the left hand is doing...In the end all I can say is it is your own risk...Your wife may be able to use the last H4 and get away with it.....





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  • boreal
    08-19 12:32 AM
    "When you burn your lips drinking hot milk you start blowing on your yogurt"


    Hey, there's one proverb exactly similar in marathi..:-)





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  • googlegc
    10-18 02:04 PM
    You need the receipt number to track your I140.
    You can get your receipt number/notice only from the employer!
    Is it possible to track 140 without the receipt notices.





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  • me_myself
    12-19 05:03 PM
    div_bell_2003, thanks for the quick reply. Do you know any resource that i can refer to regarding the revocation of H1 - how long can i be without payroll, how long can i be outside the country etc.

    Thanks.



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  • myvoice23
    08-11 11:02 PM
    It would be great if any one's I485 got approved while their Name Check is Pending?

    My I-485 got approved on Aug 7th 2008 from NSC. As far as i know my name check was pending during approval time.





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  • immi_twinges
    07-09 07:42 AM
    Lets forward this link to DOL ??? How do we do that? Anyone?????????


    http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=75iiC9Gi&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD0xMTEmcF9wcm9kcz0mcF9jYXRzPSZwX3B2PSZwX2N 2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJnBfc GFnZT0x

    the link is too big

    so, go to http://contact-us.state.gov/

    and find the option where u can email them.
    :o



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  • Dhundhun
    10-09 07:06 PM
    Basically, the VB just says that "Even though you waited for however number of years, gone through all the pains with employers, you are NO closer to getting GC than you were a month ago"

    How pathetic is our situation? Every time I think of it as the bottom,there is a new low next month? It's just a never ending tale.

    Very much true.





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  • bestin
    06-19 02:38 PM
    Thanks for responding so quick.I thought its not upto us to prove as it is in their records.Dont you think that they will acknowledge Bachelors+5 yrs exp equivalent to Masters based on this?

    My labor didnt mention Masters either.


    http://law.justia.com/us/cfr/title08/8-1.0.1.2.8.0.1.5.html



    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a petition on Form I�140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.



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  • paskal
    05-31 10:44 PM
    guys please do take a moment with the webfax if you have not already done so, this effort to spread our point of view and gain visibility with lawmakers is critical. if you have some time you can actually fax legislators from every state!





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  • AmitBohra
    04-17 10:23 AM
    Hi Gurus,
    Been a IV member from a decent amount of time and appreciate all the hard work done by you guys. Only thin i could contribute was monthly $50. Anyways got a quick question.

    I have a 485 filed under eb2 and have my EAD , FP done and AP. i140 is approved. I will be gettting married to my finance in few months and she is born with golden spoon and of course US citizenship. So the question i have is Can i amend my employment based 485 to the I-130 petition? This way i dont have to file a new 485 for marriage.

    Thanks
    AB



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  • tuhin
    03-28 08:14 PM
    You guys talk as if we propose and they accept. get back to realty, please.

    After QGA and IV and all of us sending so many faxes etc, they did not even mention about EB visa issue in the SJC.

    You are talking about a radical chnage in GC.

    Get real. Get real. Let us get out of this child like proposals.

    Obviously the efforts of us, IV and QGA have not been sufficient. I am not
    in the least balming anyone. I for one feel IV has done exemplary work.

    But the critical question is do we need to do anything different ?

    Core memebers of IV, ragz4u et al, do you think we need to take a harder look and see if we are on the right path ? Did something not work as expected ? I read in one of the core memebrs post that IV members are in DC talking to senators office. Did senators office play ignorant in the SJC after being sympathetic to us ? What baffles me atleast, is the total
    apathy and seeming ignorance to our issue on the part of senators. After all
    our efforts. What went wrong ?

    Core IV members please share your frank thoughts.


    This is harsh but true. How can we make ourselves heard? Even the corporate world is pushing for higher H1 limits. Do they care about our I-485? No! In fact if you look at it, they are better off with us stuck in H1 and waiting for our EAD. This is not my assumption, but is based on an informal discussion with one of my dept. heads. We don't think we, the legal immigrants, can go out in a half a million strong rally. Can we? what options do we have now? I do remember how the favorable clauses were just trashed away, way back in jan'06.





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  • nixone
    05-05 04:55 PM
    You are right... you should not submit documents with your LC first submission. In my case, they asked for some documents after my submisission(what it's called Audit); one of them was the Ad which they were not satisfied with it, so they Denied my case. However we appealed sending the whole Ad page making them change the case back to 'In Process'.


    If you are still around, I just wanted to let you know that my PERM labor got approved on May 1st. It was filed on Oct 31st. No audit. Looking at your signature, looks like they also approved your LC. Congratulations!



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  • redelite
    08-20 04:40 PM
    I can fix an outline up no problem.. good call though, and thanks guys! :D





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  • Sreeshankar
    01-25 08:42 AM
    Hello friends;
    Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
    Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.

    Thanks in advance for sharing any information
    Venu

    Greetings,
    Please read the information in the link (from Attorney Murthy forum) below. There are some pointers/indications in it. ( I truly hope I have not infringed any copy right or rules of posting the link here).

    which medical school in USA gives admission while 485 pending? - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=3711022771)



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  • rajeshalex
    09-24 01:45 PM
    AC 21 doesnt restrict for future employment. Purpose of AC21 is for an employee not to stuck with an employer in case of delay in GC. In this case there is a substantial delay from USCIS and hence you can use AC21.





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  • grupak
    03-24 11:39 AM
    AFAIK you cannot use your SSN to receive google adsense revenues if you want to continue on H1B. It counts as business income and Google will send you a 1099 form and that is not allowed on an H1B. What people usually do is get someone in their home country to be the Google Adsense beneficiary. If you use your own ssn, on paper, it puts you out of H1B status.

    Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.

    Passive income is alright. AFAIK banks send you 1099 if you earn interest in your saving account (above a certain amount) or CD. Have to report it to IRS.



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  • pa_arora
    09-24 12:05 AM
    I got similar letter for my SR regarding EAD. After I got this letter, my EAD was approved in 80 days. My EAD was pending for more than 270 days when my lawyer opened an SR. I got my EAD exactly after 365 days.

    I am sure somebody is working on your case.
    cool..hats off to USCIS...1 yr EAD will take 1 yr to process. u should apply ur next EAD now itself...this is implicit suggession by USCIS to you (and us)

    Awesome job (USCIS) guys..I feel like hitting rotten eggs to the dept office..they have increased the fee but have gotten worse in level of services.





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  • illiguy2000
    07-13 06:57 PM
    Done





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  • Mahatma
    08-22 08:33 PM
    Congrats Conchshell!

    Enjoy, celebrate and forget us not.

    Keep contributing through wisdom.

    what a weekend, you will always remember this one.





    anantken
    05-27 01:22 PM
    If the PO boxes are different then you have to send it seperately.





    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.



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